reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 3. Jurisdiction on Indian Lands and Indian Culture › 2-1-315. Tribal regalia and objects of cultural significance -- allowed at public events

2-1-315. Tribal regalia and objects of cultural significance -- allowed at public events.
(1) The purpose of this section is to help further the state's recognition of the distinct and unique cultural heritage of the American Indians and the state's commitment to preserving the American Indians' cultural integrity as provided in Article X, section 1(2), of the Montana constitution.
(2) A state agency or a local government may not prohibit an individual from wearing traditional tribal regalia or objects of cultural significance at a public event.
(3) For purposes of this section, the following definitions apply:
(a) "Individual" means a human being regardless of age.
(b) "Local government" has the meaning provided in 2-2-102.
(c) "Public event" means an event held or sponsored by a state agency or a local government, including but not limited to an award ceremony, a graduation ceremony, or a public meeting.
(d) "State agency" has the meaning provided in 1-2-116.
History: En. Sec. 1, Ch. 229, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 4. Federal Mandates Act › 2-1-403. Definitions

2-1-403. Definitions.
As used in this part, unless the context otherwise requires, the following definitions apply:
(1) "Federal statute" means a federal statute that is in accord with the United States constitution and that imposes mandates on state or local governments.
(2) "Legislative council" means the statutory committee established in 5-11-101.
History: En. Sec. 3, Ch. 385, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 4. Federal Mandates Act › 2-1-404. State programs to implement federal statutes

2-1-404. State programs to implement federal statutes.
(1) A state official or employee charged with the duty of implementing a federal statute shall implement the law as required by the federal statute in good faith and with a critical view toward the provisions of any federal regulation, guideline, or policy in order to identify those provisions of any federal regulation, guideline, or policy that are inconsistent with Montana policy or do not advance Montana policy in a cost-effective manner.
(2) An executive branch agency of state government that is authorized to develop a state program to respond to any mandates contained in a federal statute shall develop the state program and promulgate any necessary rules, using the following criteria:
(a) State programs should be developed by the state agency to meet the requirements of federal statutes in good faith and with a critical view toward any federal regulations, guidelines, or policies.
(b) State programs should be developed with due consideration of the financial restraints of local governments, the citizens of Montana, and the state, including the limitation imposed by Article VIII, section 9, of the Montana constitution.
(c) A state program that implements the goals of the federal statute should provide for the most efficient method possible, with careful consideration given to the cost of the program and the impact of the program on local governments and Montana citizens and on the long-range public health, safety, and welfare of citizens of the state.
History: En. Sec. 4, Ch. 385, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 4. Federal Mandates Act › 2-1-405. Requirement for budget recommendation -- reporting on federal mandates -- savings

2-1-405. Requirement for budget recommendation -- reporting on federal mandates -- savings.
Prior to recommending to the legislature a budget for a state agency that is charged with implementing federal mandates, the governor shall require that the state agency provide information regarding any monetary savings for the state and any reduction in regulatory burdens on local governments and on the public that could be or have been achieved through the development of state policies that meet the intent of applicable federal statutes but do not necessarily follow all applicable federal regulations, guidelines, or policies. The state agency shall also provide advice to the governor regarding any changes in state statutes that are necessary to provide the state agency the authority to implement state policies in such a way as to create additional savings or greater reductions in regulatory burdens. The governor shall review and compile the information received from state agencies pursuant to this section and shall include recommendations in the governor's budget based upon the information.
History: En. Sec. 5, Ch. 385, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 4. Federal Mandates Act › 2-1-406. Information regarding federal mandates

2-1-406. Information regarding federal mandates.
(1) The information prepared pursuant to 2-1-405 must be received by the governor prior to the governor's preparation of the state budget for the ensuing biennium. The governor may prepare additional requests for information to follow up and obtain further details regarding the initial responses that were received.
(2) In considering the legality or cost-effectiveness of a federal mandate, federal statute, or state program, the governor may request assistance from the legislative council or its staff, but assistance is at the discretion of the legislative council.
History: En. Sec. 6, Ch. 385, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 4. Federal Mandates Act › 2-1-407. Report -- recommendations

2-1-407. Report -- recommendations.
(1) The governor shall examine the information received pursuant to 2-1-405 and, based upon the information, present a report to the legislature in accordance with 5-11-210 that includes:
(a) recommendations regarding contracts that the state may enter into with specified persons or entities to conduct research, to analyze certain subjects, or to provide other services regarding federal mandates; and
(b) estimates of the cost of the federal mandate efforts submitted to the governor under the provisions of 2-1-405.
(2) If there is a finding that a federal mandate does not meet Montana's cost-effective needs, does not serve Montana public policy, or does not conform to Montana customs and culture, the governor may issue an executive order declaring the intention of Montana to not implement the mandate and may direct the attorney general to vigorously represent the state of Montana in any action that results from or that is necessary to effect the executive order.
History: En. Sec. 7, Ch. 385, L. 1995; amd. Sec. 2, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 4. Federal Mandates Act › 2-1-408. Legislative review and oversight

2-1-408. Legislative review and oversight.
(1) In exercising its authority as an equal branch of state government, the legislature may conduct any legal review or fiscal analysis that it considers necessary to effect the purpose and intent of this part. The governor, the director or chief executive officer of any agency within the executive branch, or any officer listed in Article VI, section 1, of the Montana constitution shall, upon request by the legislature, immediately provide any information prepared, compiled, developed, detailed, described, referenced, analyzed, reported, or in any other manner considered in conjunction with this part.
(2) In receiving the information described in subsection (1), the legislature is bound by the provisions of Article II, sections 9 and 10, of the Montana constitution.
(3) For the purposes of this section, the legislature includes the senate and the house of representatives, acting jointly or separately, and includes the legislative council.
(4) The legislature may request the assistance of any staff employed by the legislature.
History: En. Sec. 8, Ch. 385, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 4. Federal Mandates Act › 2-1-409. Review of presidential executive orders -- restriction

2-1-409. Review of presidential executive orders -- restriction.
(1) The legislative council may review an executive order issued by the president of the United States that has not been affirmed by a vote of congress and signed into law as prescribed by the constitution of the United States and recommend to the attorney general and the governor that the executive order be further reviewed. After receiving a recommendation from the legislative council or on the attorney general's own initiative, the attorney general shall review the executive order to determine the constitutionality of the order and whether to recommend that the state seek an exemption from the application of the order or seek to have the order declared to be an unconstitutional exercise of authority by the president.
(2) The state, a political subdivision, or an organization receiving public funds from the state may not implement an executive order that the attorney general determines to be unconstitutional under subsection (1) and that relates to:
(a) pandemics or other public health emergencies;
(b) the regulation of natural resources or their exploration or development, including but not limited to coal and oil;
(c) the regulation of the agriculture industry;
(d) the use of land;
(e) the regulation of the financial sector as it relates to environmental, social, or governance standards; or
(f) any regulation affecting the constitutional rights of state residents, including but not limited to the right to keep and bear arms.
History: En. Sec. 1, Ch. 287, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 5. Federal Health Insurance Purchase Requirement › 2-1-501. Legislative finding -- direction to state agencies not to administer health insurance purchase requirement

2-1-501. Legislative finding -- direction to state agencies not to administer health insurance purchase requirement.
(1) The legislature finds that the enactment by the U.S. congress of Public Law 111-148 and Public Law 111-152, requiring individuals to purchase health insurance and imposing on certain employers a liability for an assessable payment for not contributing toward employees' health insurance, will cause unneeded expense and inconvenience to individuals without health insurance and to those certain employers.
(2) Notwithstanding the provisions of Title 2, chapter 1, part 4, an agency of this state, as defined in 2-18-101, may not implement or enforce in any way the provisions of Public Law 111-148 and Public Law 111-152 or any federal regulation or policy implementing Public Law 111-148 and Public Law 111-152 that relates to the requirement for individuals to purchase health insurance and maintain minimum essential health insurance coverage.
(3) In addition to the provisions in subsection (2), the prohibition under this section includes:
(a) for the purposes of public employers, a prohibition on requiring any employee as defined in 2-18-701 to obtain or maintain a policy of health insurance to comply with Public Law 111-148 and Public Law 111-152; and
(b) participation by a state official or state employee on a board, a study commission, or a related entity of the national association of insurance commissioners assigned to recommend provisions to implement the individual mandate to purchase health insurance under the federal health care reforms provided in Public Law 111-148 and Public Law 111-152.
(4) This section does not interfere with:
(a) voluntary actions taken by individuals to purchase health insurance or to participate in health insurance exchanges; or
(b) the state requirement to purchase motor vehicle liability insurance as provided in 61-6-301.
History: En. Sec. 1, Ch. 402, L. 2011.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 6. Sanctuary Jurisdictions -- Prohibitions › 2-1-601. Definitions

2-1-601. Definitions.
As used in this part, the following definitions apply:
(1) "Local government" means a municipality, a county, or a consolidated city-county government.
(2) "Policy" means a formal or informal rule, order, ordinance, or policy, whether written or unwritten.
(3) "State agency" means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government.
History: En. Sec. 1, Ch. 101, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 6. Sanctuary Jurisdictions -- Prohibitions › 2-1-602. Sanctuary jurisdiction prohibited -- exception

2-1-602. Sanctuary jurisdiction prohibited -- exception.
(1) Except as provided in subsection (2), a state agency or local government may not enact, adopt, implement, enforce, or refer to the electorate a policy that prohibits or restricts a government entity, official, or employee from:
(a) sending to, receiving from, exchanging with, or maintaining for a federal, state, or local government entity information regarding a person's citizenship or immigration status for a lawful purpose;
(b) complying with a notification request concerning the release of an individual if the request is lawfully made by the United States department of homeland security acting pursuant to its authority under 8 U.S.C. 1226 and 1357 as those sections read on March 31, 2021; or
(c) complying with an immigration detainer request if:
(i) the request is lawfully made by the United States department of homeland security acting pursuant to its authority under 8 U.S.C. 1226 and 1357 as those sections read on March 31, 2021; and
(ii) the arrest is authorized under state law.
(2) A state agency or local government may not be considered in violation of this section based solely on a policy otherwise subject to subsection (1) that exclusively concerns an individual who comes forward as a victim of or a witness to a criminal offense.
History: En. Sec. 2, Ch. 101, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 6. Sanctuary Jurisdictions -- Prohibitions › 2-1-603. Monitoring and compliance

2-1-603. Monitoring and compliance.
(1) The attorney general shall:
(a) monitor state and local government compliance with the provisions of 2-1-602; and
(b) investigate compliance complaints.
(2) If an investigation by the attorney general finds that a state agency or local government has violated the provisions of 2-1-602, the attorney general shall bring a civil action against the state agency or local government.
History: En. Sec. 3, Ch. 101, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 6. Sanctuary Jurisdictions -- Prohibitions › 2-1-604. Standing -- venue -- notifications

2-1-604. Standing -- venue -- notifications.
(1) The attorney general has standing to bring a civil action under this part to compel compliance by a state agency or local government.
(2) An action under this part must be instituted in the state district court for the county in which the local government or state agency is located.
(3) If a court of competent jurisdiction finds that a local government has violated the provisions of this part, the attorney general shall notify the coal board provided for in 2-15-1821 and the department of commerce for the purpose of compliance with 90-6-209 and 90-6-710. If the attorney general finds that the local government comes into compliance with the provisions of this part, the attorney general shall certify to the coal board and the department of commerce that the local government is no longer in violation of the provisions of this part.
History: En. Sec. 4, Ch. 101, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 6. Sanctuary Jurisdictions -- Prohibitions › 2-1-605. Penalties -- exemptions

2-1-605. Penalties -- exemptions.
(1) In addition to any other penalties or remedies provided by law and except as provided in subsection (3), a state agency or local government that violates the provisions of 2-1-602 shall be punished by a fine of $10,000 every 5 days that the state agency or local government is not in compliance with the provisions of 2-1-602.
(2) Except as provided in subsection (3), a local government that is in violation of 2-1-602 may not:
(a) receive new grants awarded under the provisions of Title 90, chapter 6, part 2; or
(b) have projects prioritized or recommended by the department of commerce for infrastructure projects under the provisions of Title 90, chapter 6, part 7.
(3) A state agency or local government may not be penalized under this section if the state or local government comes into compliance with the provisions of this part within 14 days after the filing of an action under 2-1-604.
(4) A fine collected pursuant to this section must be deposited in the state general fund.
History: En. Sec. 5, Ch. 101, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 1. Code of Ethics › 2-2-101. Statement of purpose

2-2-101. Statement of purpose.
The purpose of this part is to set forth a code of ethics prohibiting conflict between public duty and private interest as required by the constitution of Montana. This code recognizes distinctions between judges, legislators, judicial officers, other officers and employees of state government, and officers and employees of local government and prescribes some standards of conduct common to all categories and some standards of conduct adapted to each category. The provisions of this part recognize that some actions are conflicts per se between public duty and private interest while other actions may or may not pose such conflicts depending upon the surrounding circumstances.
History: En. 59-1701 by Sec. 1, Ch. 569, L. 1977; R.C.M. 1947, 59-1701; amd. Sec. 2, Ch. 440, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 1. Code of Ethics › 2-2-103. Public trust -- public duty

2-2-103. Public trust -- public duty.
(1) The holding of public office or employment is a public trust, created by the confidence that the electorate reposes in the integrity of judicial officers, public officers, legislators, and public employees. A judicial officer, public officer, judge, legislator, or public employee shall carry out the individual's duties for the benefit of the people of the state.
(2) A judicial officer, public officer, judge, legislator, or public employee whose conduct departs from the person's public duty is liable to the people of the state and is subject to the penalties provided in this part for abuse of the public's trust.
(3) This part sets forth various rules of conduct, the transgression of any of which is a violation of public duty, and various ethical principles, the transgression of any of which must be avoided.
(4) (a) The enforcement of this part for:
(i) judicial officers, state officers, judges, legislators, and state employees is provided for in 2-2-136;
(ii) legislators, involving legislative acts, is provided for in 2-2-135 and for all other acts is provided for in 2-2-136;
(iii) local government officers and employees is provided for in 2-2-144.
(b) Any money collected in the civil actions that is not reimbursement for the cost of the action must be deposited in the general fund of the unit of government.
History: En. 59-1703 by Sec. 3, Ch. 569, L. 1977; R.C.M. 1947, 59-1703; amd. Sec. 216, Ch. 685, L. 1989; amd. Sec. 2, Ch. 562, L. 1995; amd. Sec. 2, Ch. 122, L. 2001; amd. Sec. 3, Ch. 440, L. 2023; amd. Sec. 3, Ch. 559, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 1. Code of Ethics › 2-2-104. Rules of conduct for public officers, legislators, and public employees

2-2-104. Rules of conduct for public officers, legislators, and public employees.
(1) Proof of commission of any act enumerated in this section is proof that the actor has breached the actor's public duty. A public officer, legislator, or public employee may not:
(a) disclose or use confidential information acquired in the course of official duties in order to further substantially the individual's personal economic interests; or
(b) accept a gift of substantial value or a substantial economic benefit tantamount to a gift:
(i) that would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties; or
(ii) that the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken.
(2) An economic benefit tantamount to a gift includes without limitation a loan at a rate of interest substantially lower than the commercial rate then currently prevalent for similar loans and compensation received for private services rendered at a rate substantially exceeding the fair market value of the services. Campaign contributions reported as required by statute are not gifts or economic benefits tantamount to gifts.
(3) (a) Except as provided in subsection (3)(b), a public officer, legislator, or public employee may not receive salaries from two separate public employment positions that overlap for the hours being compensated, unless:
(i) the public officer, legislator, or public employee reimburses the public entity from which the employee is absent for the salary paid for performing the function from which the officer, legislator, or employee is absent; or
(ii) the public officer's, legislator's, or public employee's salary from one employer is reduced by the amount of salary received from the other public employer in order to avoid duplicate compensation for the overlapping hours.
(b) Subsection (3)(a) does not prohibit:
(i) a public officer, legislator, or public employee from receiving income from the use of accrued leave or compensatory time during the period of overlapping employment; or
(ii) a public school teacher from receiving payment from a college or university for the supervision of student teachers who are enrolled in a teacher education program at the college or university if the supervision is performed concurrently with the school teacher's duties for a public school district.
(c) In order to determine compliance with this subsection (3), a public officer, legislator, or public employee subject to this subsection (3) shall disclose the amounts received from the two separate public employment positions to the commissioner of political practices.
History: En. 59-1704 by Sec. 4, Ch. 569, L. 1977; R.C.M. 1947, 59-1704; amd. Sec. 3, Ch. 562, L. 1995; amd. Sec. 1, Ch. 243, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 1. Code of Ethics › 2-2-105. Ethical requirements for public officers and public employees

2-2-105. Ethical requirements for public officers and public employees.
(1) The requirements in this section are intended as rules of conduct, and violations constitute a breach of the public trust and public duty of office or employment in state or local government.
(2) Except as provided in subsection (4), a public officer or public employee may not acquire an interest in any business or undertaking that the officer or employee has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by the officer's or employee's agency.
(3) A public officer or public employee may not, within 12 months following the voluntary termination of office or employment, obtain employment in which the officer or employee will take direct advantage, unavailable to others, of matters with which the officer or employee was directly involved during a term of office or during employment. These matters are rules, other than rules of general application, that the officer or employee actively helped to formulate and applications, claims, or contested cases in the consideration of which the officer or employee was an active participant.
(4) When a public employee who is a member of a quasi-judicial board or commission or of a board, commission, or committee with rulemaking authority is required to take official action on a matter as to which the public employee has a conflict created by a personal or private interest that would directly give rise to an appearance of impropriety as to the public employee's influence, benefit, or detriment in regard to the matter, the public employee shall disclose the interest creating the conflict prior to participating in the official action.
(5) A public officer or public employee may not perform an official act directly and substantially affecting a business or other undertaking to its economic detriment when the officer or employee has a substantial personal interest in a competing firm or undertaking.
History: En. 59-1709 by Sec. 9, Ch. 569, L. 1977; R.C.M. 1947, 59-1709; amd. Sec. 4, Ch. 562, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 1. Code of Ethics › 2-2-106. Disclosure

2-2-106. Disclosure.
(1) (a) Prior to December 15 of each even-numbered year, each state officer, holdover senator, supreme court justice, and district court judge shall file with the commissioner of political practices a business disclosure statement on a form provided by the commissioner. An individual filing pursuant to subsection (1)(b) or (1)(c) is not required to file under this subsection (1)(a) during the same period.
(b) Each candidate for a statewide or a state office elected from a district shall, within 5 days of the time that the candidate files for office, file a business disclosure statement with the commissioner of political practices on a form provided by the commissioner.
(c) An individual appointed to office who would be required to file under subsection (1)(a) or (1)(b) is required to file the business disclosure statement at the earlier of the time of submission of the person's name for confirmation or the assumption of the office.
(2) Except as provided in subsection (4), the statement must provide the following information:
(a) the name, address, and type of business of the individual;
(b) each present or past employing entity from which benefits, including retirement benefits, are currently received by the individual;
(c) each business, firm, corporation, partnership, and other business or professional entity or trust in which the individual holds an interest;
(d) each entity not listed under subsections (2)(a) through (2)(c) in which the individual is an officer or director, regardless of whether or not the entity is organized for profit; and
(e) all real property, other than a personal residence, in which the individual holds an interest. Real property may be described by general description.
(3) An individual may not assume or continue to exercise the powers and duties of the office to which that individual has been elected or appointed until the statement has been filed as provided in subsection (1).
(4) An individual required to file a business disclosure statement may certify that the information required by subsection (2) has not changed from the most recent statement filed by the individual. The commissioner shall provide a certification form.
(5) The commissioner of political practices shall make the business disclosure statements and certification forms available to any individual upon request.
History: En. Sec. 16, I.M. No. 85, approved Nov. 4, 1980; amd. Sec. 12, Ch. 562, L. 1995; Sec. 5-7-213, MCA 1993; redes. 2-2-106 by Code Commissioner, 1995; amd. Sec. 2, Ch. 114, L. 2003; amd. Sec. 2, Ch. 130, L. 2005; amd. Sec. 1, Ch. 156, L. 2015; amd. Sec. 1, Ch. 166, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 1. Code of Ethics › 2-2-111. Rules of conduct for legislators

2-2-111. Rules of conduct for legislators.
Proof of commission of any act enumerated in this section is proof that the legislator committing the act has breached the legislator's public duty. A legislator may not:
(1) accept a fee, contingent fee, or any other compensation, except the official compensation provided by statute, for promoting or opposing the passage of legislation;
(2) seek other employment for the legislator or solicit a contract for the legislator's services by the use of the office;
(3) accept a fee or other compensation, except as provided for in 5-2-302, from a Montana state agency or a political subdivision of the state of Montana for speaking to the agency or political subdivision; or
(4) use the funds provided for in 5-2-204 for an activity that is prohibited.
History: En. 59-1705 by Sec. 5, Ch. 569, L. 1977; R.C.M. 1947, 59-1705; amd. Sec. 5, Ch. 562, L. 1995; amd. Sec. 1, Ch. 327, L. 2003; amd. Sec. 1, Ch. 30, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 1. Code of Ethics › 2-2-112. Ethical requirements for legislators

2-2-112. Ethical requirements for legislators.
(1) The requirements in this section are intended as rules for legislator conduct, and violations constitute a breach of the public trust of legislative office.
(2) A legislator has a responsibility to the legislator's constituents to participate in all matters as required in the rules of the legislature. A legislator concerned with the possibility of a conflict may briefly present the facts to the committee of that house that is assigned the determination of ethical issues. The committee shall advise the legislator as to whether the legislator should disclose the interest prior to voting on the issue pursuant to the provisions of subsection (5). The legislator may, subject to legislative rule, vote on an issue on which the legislator has a conflict, after disclosing the interest.
(3) When a legislator is required to take official action on a legislative matter as to which the legislator has a conflict created by a personal or private interest that would directly give rise to an appearance of impropriety as to the legislator's influence, benefit, or detriment in regard to the legislative matter, the legislator shall disclose the interest creating the conflict prior to participating in the official action, as provided in subsections (2) and (5) and the rules of the legislature. In making a decision, the legislator shall consider:
(a) whether the conflict impedes the legislator's independence of judgment;
(b) the effect of the legislator's participation on public confidence in the integrity of the legislature;
(c) whether the legislator's participation is likely to have any significant effect on the disposition of the matter; and
(d) whether a pecuniary interest is involved or whether a potential occupational, personal, or family benefit could arise from the legislator's participation.
(4) A conflict situation does not arise from legislation or legislative duties affecting the membership of a profession, occupation, or class.
(5) A legislator shall disclose an interest creating a conflict, as provided in the rules of the legislature. A legislator who is a member of a profession, occupation, or class affected by legislation is not required to disclose an interest unless the class contained in the legislation is so narrow that the vote will have a direct and distinctive personal impact on the legislator. A legislator may seek a determination from the appropriate committee provided for in 2-2-135.
History: En. 59-1708 by Sec. 8, Ch. 569, L. 1977; R.C.M. 1947, 59-1708; amd. Sec. 6, Ch. 562, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 1. Code of Ethics › 2-2-125. Repealed

2-2-125. Repealed.
Sec. 6, Ch. 122, L. 2001.
History: En. 59-1707 by Sec. 7, Ch. 569, L. 1977; R.C.M. 1947, 59-1707; amd. Sec. 8, Ch. 562, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 1. Code of Ethics › 2-2-131. Disclosure

2-2-131. Disclosure.
A public officer or public employee shall, prior to acting in a manner that may impinge on public duty, including the award of a permit, contract, or license, disclose the nature of the private interest that creates the conflict. The public officer or public employee shall make the disclosure in writing to the commissioner of political practices, listing the amount of private interest, if any, the purpose and duration of the person's services rendered, if any, and the compensation received for the services or other information that is necessary to describe the interest. If the public officer or public employee then performs the official act involved, the officer or employee shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act.
History: En. 59-1710 by Sec. 10, Ch. 569, L. 1977; R.C.M. 1947, 59-1710; amd. Sec. 9, Ch. 562, L. 1995; amd. Sec. 1, Ch. 65, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 1. Code of Ethics › 2-2-132. Repealed

2-2-132. Repealed.
Sec. 22, Ch. 562, L. 1995.
History: En. 59-1711 by Sec. 11, Ch. 569, L. 1977; R.C.M. 1947, 59-1711.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 1. Code of Ethics › 2-2-135. Ethics committees

2-2-135. Ethics committees.
(1) Each house of the legislature shall establish an ethics committee. Subject to 5-5-234, the committee must consist of two members of the majority party and two members of the minority party. The committees may meet jointly. Each committee shall educate members concerning the provisions of this part concerning legislators and may consider conflicts between public duty and private interest as provided in 2-2-112. The joint committee may consider matters affecting the entire legislature.
(2) Pursuant to Article V, section 10, of the Montana constitution, the legislature is responsible for enforcement of the provisions of this part concerning legislators.
History: En. Sec. 14, Ch. 562, L. 1995; amd. Sec. 3, Ch. 4, Sp. L. May 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 1. Code of Ethics › 2-2-144. Enforcement for local government

2-2-144. Enforcement for local government.
(1) Except as provided in subsections (5) and (6), a person alleging a violation of this part by a local government officer or local government employee shall notify the county attorney of the county where the local government is located. The county attorney shall request from the complainant or the person who is the subject of the complaint any information necessary to make a determination concerning the validity of the complaint.
(2) If the county attorney determines that the complaint is justified, the county attorney may bring an action in district court seeking a civil fine of not less than $50 or more than $1,000. If the county attorney determines that the complaint alleges a criminal violation, the county attorney shall bring criminal charges against the officer or employee.
(3) If the county attorney declines to bring an action under this section, the person alleging a violation of this part may file a civil action in district court seeking a civil fine of not less than $50 or more than $1,000. In an action filed under this subsection, the court may assess the costs and attorney fees against the person bringing the charges if the court determines that a violation did not occur or against the officer or employee if the court determines that a violation did occur. The court may impose sanctions if the court determines that the action was frivolous or intended for harassment.
(4) The employing entity of a local government employee may take disciplinary action against an employee for a violation of this part.
(5) (a) A local government may establish a three-member panel to review complaints alleging violations of this part by officers or employees of the local government. The local government shall establish procedures and rules for the panel. The members of the panel may not be officers or employees of the local government. The panel shall review complaints and may refer to the county attorney complaints that appear to be substantiated. If the complaint is against the county attorney, the panel shall refer the matter to the commissioner of political practices and the complaint must then be processed by the commissioner pursuant to 2-2-136.
(b) In a local government that establishes a panel under this subsection (5), a complaint must be referred to the panel prior to making a complaint to the county attorney.
(6) If a local government review panel has not been established pursuant to subsection (5), a person alleging a violation of this part by a county attorney shall file the complaint with the commissioner of political practices pursuant to 2-2-136.
(7) This section does not apply to allegations of a violation by a judicial officer, justice, district court judge, or judge under the judicial branch of state government.
History: En. Sec. 21, Ch. 562, L. 1995; amd. Sec. 5, Ch. 122, L. 2001; amd. Sec. 5, Ch. 440, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 2. Proscribed Acts Related to Contracts and Claims › 2-2-201. Public officers, employees, and former employees not to have interest in contracts

2-2-201. Public officers, employees, and former employees not to have interest in contracts.
(1) Members of the legislature; state, county, city, town, or township officers; or any deputies or employees of an enumerated governmental entity may not be interested in any contract made by them in their official capacity or by any body, agency, or board of which they are members or employees if they are directly involved with the contract. A former employee may not, within 6 months following the termination of employment, contract or be employed by an employer who contracts with the state or any of its subdivisions involving matters with which the former employee was directly involved during employment.
(2) In this section, the term:
(a) "be interested in" does not include holding a minority interest in a corporation;
(b) "contract" does not include:
(i) contracts awarded based on competitive procurement procedures conducted after the date of employment termination;
(ii) merchandise sold to the highest bidder at public auctions;
(iii) investments or deposits in financial institutions that are in the business of loaning or receiving money;
(iv) a contract with an interested party if, because of geographic restrictions, a local government could not otherwise reasonably afford itself of the subject of the contract. It is presumed that a local government could not otherwise reasonably afford itself of the subject of a contract if the additional cost to the local government is greater than 10% of a contract with an interested party or if the contract is for services that must be performed within a limited time period and no other contractor can provide those services within that time period.
(c) "directly involved" means the person directly monitors a contract, extends or amends a contract, audits a contractor, is responsible for conducting the procurement or for evaluating proposals or vendor responsibility, or renders legal advice concerning the contract;
(d) "former employee" does not include a person whose employment with the state was involuntarily terminated because of a reduction in force or other involuntary termination not involving violation of the provisions of this chapter.
History: En. Sec. 1020, Pol. C. 1895; re-en. Sec. 368, Rev. C. 1907; re-en. Sec. 444, R.C.M. 1921; Cal. Pol. C. Sec. 920; re-en. Sec. 444, R.C.M. 1935; amd. Sec. 1, Ch. 43, L. 1973; R.C.M. 1947, 59-501; amd. Sec. 1, Ch. 377, L. 1979; amd. Sec. 1, Ch. 458, L. 1981; amd. Sec. 1, Ch. 65, L. 1991; amd. Sec. 1, Ch. 322, L. 1993; amd. Sec. 1, Ch. 181, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 2. Proscribed Acts Related to Contracts and Claims › 2-2-202. Public officers not to have interest in sales or purchases

2-2-202. Public officers not to have interest in sales or purchases.
State, county, town, township, and city officers must not be purchasers at any sale or vendors at any purchase made by them in their official capacity.
History: En. Sec. 1021, Pol. C. 1895; re-en. Sec. 369, Rev. C. 1907; re-en. Sec. 445, R.C.M. 1921; Cal. Pol. C. Sec. 921; re-en. Sec. 445, R.C.M. 1935; R.C.M. 1947, 59-502.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 2. Proscribed Acts Related to Contracts and Claims › 2-2-203. Voidable contracts

2-2-203. Voidable contracts.
Every contract made in violation of any of the provisions of 2-2-201 or 2-2-202 may be avoided at the instance of any party except the officer interested therein.
History: En. Sec. 1022, Pol. C. 1895; re-en. Sec. 370, Rev. C. 1907; re-en. Sec. 446, R.C.M. 1921; Cal. Pol. C. Sec. 922; re-en. Sec. 446, R.C.M. 1935; R.C.M. 1947, 59-503.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 2. Proscribed Acts Related to Contracts and Claims › 2-2-204. Dealings in warrants and other claims prohibited

2-2-204. Dealings in warrants and other claims prohibited.
The state officers, the several county, city, town, and township officers of this state, their deputies and clerks, are prohibited from purchasing or selling or in any manner receiving to their own use or benefit or to the use or benefit of any person or persons whatever any state, county, or city warrants, scrip, orders, demands, claims, or other evidences of indebtedness against the state or any county, city, town, or township thereof except evidences of indebtedness issued to or held by them for services rendered as such officer, deputy, clerk, and evidences of the funded indebtedness of such state, county, city, township, town, or corporation.
History: En. Sec. 1023, Pol. C. 1895; re-en. Sec. 371, Rev. C. 1907; re-en. Sec. 447, R.C.M. 1921; Cal. Pol. C. Sec. 923; re-en. Sec. 447, R.C.M. 1935; R.C.M. 1947, 59-504.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 2. Proscribed Acts Related to Contracts and Claims › 2-2-205. Affidavit to be required by auditing officers

2-2-205. Affidavit to be required by auditing officers.
Each officer whose duty it is to audit and allow the accounts of other state, county, city, township, or town officers shall, before allowing the accounts, require each of the officers to make and file with the auditing officer an affidavit that the affiant has not violated any of the provisions of this part.
History: En. Sec. 1024, Pol. C. 1895; re-en. Sec. 372, Rev. C. 1907; re-en. Sec. 448, R.C.M. 1921; Cal. Pol. C. Sec. 924; re-en. Sec. 448, R.C.M. 1935; R.C.M. 1947, 59-505; amd. Sec. 35, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 2. Proscribed Acts Related to Contracts and Claims › 2-2-206. Officers not to pay illegal warrant

2-2-206. Officers not to pay illegal warrant.
Officers charged with the disbursement of public moneys must not pay any warrant or other evidence of indebtedness against the state, county, city, town, or township when the same has been purchased, sold, received, or transferred contrary to any of the provisions of this part.
History: En. Sec. 1025, Pol. C. 1895; re-en. Sec. 373, Rev. C. 1907; re-en. Sec. 449, R.C.M. 1921; Cal. Pol. C. Sec. 925; re-en. Sec. 449, R.C.M. 1935; R.C.M. 1947, 59-506.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 2. Proscribed Acts Related to Contracts and Claims › 2-2-207. Settlements to be withheld on affidavit

2-2-207. Settlements to be withheld on affidavit.
(1) Each officer charged with the disbursement of public money who is informed by affidavit establishing probable cause that an officer whose account is about to be settled, audited, or paid has violated any of the provisions of this part shall suspend the settlement or payment and cause the officer to be prosecuted for the violation by the county attorney.
(2) If there is a judgment for the defendant upon prosecution, the proper officer may proceed to settle, audit, or pay the account as if an affidavit had not been filed.
History: En. Sec. 1026, Pol. C. 1895; re-en. Sec. 374, Rev. C. 1907; re-en. Sec. 450, R.C.M. 1921; Cal. Pol. C. Sec. 926; re-en. Sec. 450, R.C.M. 1935; R.C.M. 1947, 59-507; amd. Sec. 36, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 3. Nepotism › 2-2-301. Nepotism defined

2-2-301. Nepotism defined.
Nepotism is the bestowal of political patronage by reason of relationship rather than of merit.
History: En. Sec. 1, Ch. 12, L. 1933; re-en. Sec. 456.1, R.C.M. 1935; R.C.M. 1947, 59-518.