reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 39. Labor › Chapter 9. Contractor Registration › Part 2. Registration › 39-9-213. Requirement -- prohibitions

39-9-213. Requirement -- prohibitions.
(1) A home inspector shall issue a home inspection report to a client after completing a home inspection unless the client agrees in writing to release the home inspector from this obligation.
(2) A home inspector may not:
(a) disclose information concerning the results of a home inspection without the written approval of the home inspector's client or the client's representative;
(b) accept compensation from more than one party with a financial interest in the residential dwelling without written approval from all parties with a financial interest in the residential dwelling;
(c) accept a commission or allowance, directly or indirectly, from another person or business entity associated with the client in connection with work for which the home inspector is responsible to the client;
(d) refuse or otherwise fail to disclose promptly to a client information about any business interest or relationship of the home inspector that may affect the client in connection with a home inspection.
History: En. Sec. 4, Ch. 276, L. 1999; Sec. 30-14-1004, MCA 2017; redes. 39-9-213 by Sec. 11, Ch. 294, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 9. Contractor Registration › Part 3. Business Practices › 39-9-301. Business practices -- penalty

39-9-301. Business practices -- penalty.
(1) Except as provided in 39-9-205, a person who has registered under one name as provided in this chapter may not engage in the business or act in the capacity of a construction contractor or a home inspector under any other name unless that name also is registered under this chapter.
(2) Use of a falsified registration number in connection with a solicitation or identification as a construction contractor or a home inspector is prohibited.
(3) A partner, associate, agent, salesperson, solicitor, officer, or employee of a construction contractor or a home inspector shall use a true name and address at all times while engaged in the business or capacity of a construction contractor or a home inspector or in activities related to a construction contractor or a home inspector.
(4) A construction contractor may not:
(a) hire a person as an independent contractor who does not have an independent contractor exemption certificate if required by 39-71-417;
(b) hire a person as an independent contractor if the department has suspended, revoked, or denied the person's independent contractor's exemption certificate;
(c) hire an independent contractor to work in a trade, business, occupation, or profession not listed on the independent contractor's registration;
(d) allow an independent contractor to perform work not in the trade, business, occupation, or profession listed on the independent contractor exemption certificate; or
(e) classify an employee as an independent contractor if the person does not have an independent contractor exemption certificate required by 39-71-417.
(5) (a) The finding of a violation of this section by the department at a hearing held in accordance with the Montana Administrative Procedure Act subjects the person who commits the violation to a penalty of not more than $5,000, as determined by the department. The required hearing may be held by telephone or by videoconference. A penalty collected under this section must be deposited in the state special revenue account to the credit of the department for administration and enforcement of this chapter.
(b) Penalties under this section do not apply to a violation that is determined to be an inadvertent error.
History: En. Sec. 11, Ch. 500, L. 1995; amd. Sec. 8, Ch. 548, L. 1997; amd. Sec. 7, Ch. 294, L. 2019; amd. Sec. 1, Ch. 505, L. 2023.
2023 Montana Code Annotated › Title 39. Labor › Chapter 9. Contractor Registration › Part 3. Business Practices › 39-9-303. Department to compile and update registration lists -- availability -- fee

39-9-303. Department to compile and update registration lists -- availability -- fee.
(1) The department shall compile a list of all construction contractors and home inspectors registered under this chapter and update the list of construction contractors at least bimonthly and the list of home inspectors as provided by rule. The list is public information and must be available to the public upon request for a reasonable fee or posted on the department's website.
(2) The department shall inform a person, firm, or corporation whether a construction contractor or a home inspector is registered. The department shall provide the information without charge, except for a reasonable fee for any copies made.
History: En. Sec. 13, Ch. 500, L. 1995; amd. Sec. 9, Ch. 548, L. 1997; amd. Sec. 8, Ch. 294, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 9. Contractor Registration › Part 3. Business Practices › 39-9-304. Provisions exclusive -- certain local authority not limited or abridged

39-9-304. Provisions exclusive -- certain local authority not limited or abridged.
The provisions of this chapter relating to the registration or licensing of a person, firm, or corporation, including the requirement of a bond with the state of Montana named as obligee and the collection of a fee, are exclusive for registered construction contractors. A political subdivision of the state may not require or issue any registrations, licenses, or bonds for the same or a similar purpose. However, this section does not limit or abridge the authority of a local government to levy and collect a general and nondiscriminatory license fee levied upon all businesses. This section does not limit the authority of a local government with respect to contractors not required to be registered under this chapter.
History: En. Sec. 14, Ch. 500, L. 1995; amd. Sec. 9, Ch. 294, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 9. Contractor Registration › Part 4. Infractions -- Penalties › 39-9-401. Violation -- infraction -- penalty -- disposition

39-9-401. Violation -- infraction -- penalty -- disposition.
(1) It is a violation of this chapter and an infraction for any construction contractor to:
(a) perform work as a construction contractor without being registered as required by this chapter;
(b) perform work as a construction contractor when the construction contractor's registration is suspended; or
(c) transfer a valid registration to an unregistered construction contractor or allow an unregistered construction contractor to work under a registration issued to another construction contractor.
(2) (a) A determination by the department of a violation of this section subjects the person who commits the violation to a penalty of up to $500, as determined by the department. A person who has been determined to have violated this section may request that a hearing be held in accordance with the Montana Administrative Procedure Act. The hearing may be held by telephone or videoconference. An appeal of the hearing decision must be made in the same manner as prescribed in 39-51-2403.
(b) A penalty under this section does not apply to a violation that is determined to be an inadvertent error.
(c) A penalty collected under this section must be deposited in the uninsured employers' fund established in 39-71-503.
History: En. Sec. 15, Ch. 500, L. 1995; amd. Sec. 10, Ch. 548, L. 1997; amd. Sec. 1, Ch. 377, L. 1999; amd. Sec. 6, Ch. 442, L. 1999.
2023 Montana Code Annotated › Title 39. Labor › Chapter 9. Contractor Registration › Part 4. Infractions -- Penalties › 39-9-403. Repealed

39-9-403. Repealed.
Sec. 14, Ch. 548, L. 1997.
History: En. Sec. 5, Ch. 417, L. 1971; R.C.M. 1947, 41-2305; amd. Sec. 8, Ch. 90, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 10. Workforce Development (Terminated) › Part 1. Natural Resource Workers' Education Program (Terminated) › 39-10-101. Terminated

39-10-101. Terminated.
Sec. 10, Ch. 586, L. 2001.
History: En. Sec. 1, Ch. 586, L. 2001.
2023 Montana Code Annotated › Title 39. Labor › Chapter 10. Workforce Development (Terminated) › Part 1. Natural Resource Workers' Education Program (Terminated) › 39-10-102. Terminated

39-10-102. Terminated.
Sec. 10, Ch. 586, L. 2001.
History: En. Sec. 2, Ch. 586, L. 2001.
2023 Montana Code Annotated › Title 39. Labor › Chapter 10. Workforce Development (Terminated) › Part 1. Natural Resource Workers' Education Program (Terminated) › 39-10-103. Terminated

39-10-103. Terminated.
Sec. 10, Ch. 586, L. 2001.
History: En. Sec. 3, Ch. 586, L. 2001.
2023 Montana Code Annotated › Title 39. Labor › Chapter 10. Workforce Development (Terminated) › Part 1. Natural Resource Workers' Education Program (Terminated) › 39-10-104. Terminated

39-10-104. Terminated.
Sec. 10, Ch. 586, L. 2001.
History: En. Sec. 4, Ch. 586, L. 2001.
2023 Montana Code Annotated › Title 39. Labor › Chapter 10. Workforce Development (Terminated) › Part 1. Natural Resource Workers' Education Program (Terminated) › 39-10-105. Terminated

39-10-105. Terminated.
Sec. 10, Ch. 586, L. 2001.
History: En. Sec. 5, Ch. 586, L. 2001.
2023 Montana Code Annotated › Title 39. Labor › Chapter 10. Workforce Development (Terminated) › Part 1. Natural Resource Workers' Education Program (Terminated) › 39-10-106. Terminated

39-10-106. Terminated.
Sec. 10, Ch. 586, L. 2001.
History: En. Sec. 6, Ch. 586, L. 2001.
2023 Montana Code Annotated › Title 39. Labor › Chapter 11. Workforce Training and Employer Incentives › Part 1. General Provisions › 39-11-101. Short title

39-11-101. Short title.
Parts 1 and 2 of this chapter may be cited as the "Primary Sector Business Workforce Training Act".
History: En. Sec. 1, Ch. 567, L. 2003.
2023 Montana Code Annotated › Title 39. Labor › Chapter 11. Workforce Training and Employer Incentives › Part 1. General Provisions › 39-11-102. Purpose

39-11-102. Purpose.
(1) The Primary Sector Business Workforce Training Act is created to meet the training needs of existing industries in the state and to provide incentives to businesses to locate and expand within the state through government-assisted new jobs training.
(2) It is the intent of the legislature to provide training funds for businesses to train and educate employees, which will result in the production of high-wage and high-skilled jobs that will increase the earning potential and employment opportunities for Montana employees and enhance the state's economy.
History: En. Sec. 2, Ch. 567, L. 2003.
2023 Montana Code Annotated › Title 39. Labor › Chapter 11. Workforce Training and Employer Incentives › Part 2. Workforce Training Grants › 39-11-201. Repealed

39-11-201. Repealed.
Sec. 3, Ch. 348, L. 2011.
History: En. Sec. 4, Ch. 567, L. 2003; amd. Sec. 47, Ch. 130, L. 2005; amd. Sec. 2, Ch. 169, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 11. Workforce Training and Employer Incentives › Part 2. Workforce Training Grants › 39-11-205. Primary sector business training account

39-11-205. Primary sector business training account.
(1) There is an account in the state special revenue fund called the primary sector business training account.
(2) On July 1 of each year, the state treasurer shall transfer any funds appropriated to the department of commerce primary sector business training program from the general fund to the primary sector business training account.
(3) Subject to legislative fund transfer, the money deposited or retained in the account must be used for:
(a) the primary sector business training program;
(b) program costs; and
(c) expenses incurred in administering the primary sector business training program.
(4) Money deposited in the account must be retained and may not revert to the general fund.
(5) All interest earned on money in the account must be retained and used for the purposes outlined in subsection (3).
History: En. Sec. 1, Ch. 85, L. 2015; amd. Sec. 4, Ch. 636, L. 2023.
2023 Montana Code Annotated › Title 39. Labor › Chapter 11. Workforce Training and Employer Incentives › Part 3. Montana Employment Advancement Right Now Program Act (Terminated) › 39-11-301. Terminated

39-11-301. Terminated.
Sec. 12, Ch. 366, L. 2019.
History: En. Sec. 1, Ch. 366, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 11. Workforce Training and Employer Incentives › Part 3. Montana Employment Advancement Right Now Program Act (Terminated) › 39-11-302. Terminated

39-11-302. Terminated.
Sec. 12, Ch. 366, L. 2019.
History: En. Sec. 2, Ch. 366, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 11. Workforce Training and Employer Incentives › Part 3. Montana Employment Advancement Right Now Program Act (Terminated) › 39-11-303. Terminated

39-11-303. Terminated.
Sec. 12, Ch. 366, L. 2019.
History: En. Sec. 3, Ch. 366, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 11. Workforce Training and Employer Incentives › Part 3. Montana Employment Advancement Right Now Program Act (Terminated) › 39-11-304. Terminated

39-11-304. Terminated.
Sec. 12, Ch. 366, L. 2019.
History: En. Sec. 4, Ch. 366, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 11. Workforce Training and Employer Incentives › Part 3. Montana Employment Advancement Right Now Program Act (Terminated) › 39-11-305. Terminated

39-11-305. Terminated.
Sec. 12, Ch. 366, L. 2019.
History: En. Sec. 5, Ch. 366, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 11. Workforce Training and Employer Incentives › Part 3. Montana Employment Advancement Right Now Program Act (Terminated) › 39-11-306. Terminated

39-11-306. Terminated.
Sec. 12, Ch. 366, L. 2019.
History: En. Sec. 6, Ch. 366, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 11. Workforce Training and Employer Incentives › Part 3. Montana Employment Advancement Right Now Program Act (Terminated) › 39-11-307. Terminated

39-11-307. Terminated.
Sec. 12, Ch. 366, L. 2019.
History: En. Sec. 7, Ch. 366, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 12. Montana Health and Economic Livelihood Partnership (Help) Act › Part 1. General Provisions › 39-12-101. Montana HELP Act workforce development -- legislative findings -- purpose

39-12-101. (Temporary) Montana HELP Act workforce development -- legislative findings -- purpose.
(1) The legislature finds that:
(a) Montana has a disproportionately high number of individuals who are eligible for medicaid compared to surrounding states;
(b) Montanans value independence and self-sufficiency;
(c) investing in Montana citizens is a legislative priority;
(d) participants in the HELP Act program are largely low-wage workers; and
(e) an opportunity exists to match individuals who need self-sustaining employment with the jobs the economy needs, including newly created health care jobs.
(2) The purpose of this chapter is to create a collaborative effort between the department of labor and industry and the department of public health and human services to:
(a) identify workforce development opportunities for program participants;
(b) gather information from state agencies on existing workforce development programs and opportunities; and
(c) establish a comprehensive plan for coordinating efforts and resources to provide workforce development opportunities.
(3) The department of labor and industry shall implement a workforce development program that:
(a) focuses on specific labor force needs within the state of Montana;
(b) has the goal of reducing the number of people depending on social programs, including the HELP Act program;
(c) provides grants to employers who hire and train program participants; and
(d) increases the earning capacity, economic stability, and self-sufficiency of program participants so that, among other benefits, they are able to purchase their own health insurance coverage. (Terminates June 30, 2025--secs. 38, 48, Ch. 415, L. 2019.)
History: En. Sec. 14, Ch. 368, L. 2015; amd. Sec. 23, Ch. 415, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 12. Montana Health and Economic Livelihood Partnership (Help) Act › Part 1. General Provisions › 39-12-102. Definitions

39-12-102. (Temporary) Definitions.
As used in this chapter, the following definitions apply:
(1) "Department" means the department of labor and industry provided for in 2-15-1701.
(2) "HELP Act" or "act" means the Montana Health and Economic Livelihood Partnership Act provided for in Title 53, chapter 6, part 13, and this chapter.
(3) "Program participant" means an individual participating in the HELP Act program. (Terminates June 30, 2025--sec. 38, Ch. 415, L. 2019.)
History: En. Sec. 15, Ch. 368, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 12. Montana Health and Economic Livelihood Partnership (Help) Act › Part 1. General Provisions › 39-12-106. Montana HELP Act employer grant program

39-12-106. (Temporary) Montana HELP Act employer grant program.
(1) There is a Montana HELP Act employer grant program to encourage employers to hire or train program participants in skills that will allow them to:
(a) obtain new or improved employment;
(b) obtain employment with health care benefits;
(c) earn a wage that allows them to purchase their own health insurance coverage; or
(d) improve their long-term financial security.
(2) The department shall establish criteria for awarding grants. The criteria must take into consideration, at a minimum, the number of program participants affected and the likelihood that the proposed grant activity will improve:
(a) the chances that program participants will succeed in obtaining employment meeting the goals of subsection (1); or
(b) the financial security of program participants through efforts that include:
(i) financial and credit counseling; and
(ii) educational opportunities related to managing finances and setting and reaching financial goals.
(3) The department shall adopt rules establishing grant application, evaluation, and award criteria and processes. (Terminates June 30, 2025, on occurrence of contingency--sec. 48, Ch. 415, L. 2019.)
History: En. Sec. 7, Ch. 415, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 12. Montana Health and Economic Livelihood Partnership (Help) Act › Part 1. General Provisions › 39-12-107. Rulemaking authority

39-12-107. (Temporary) Rulemaking authority.
(1) The department may adopt rules to carry out the purposes of this chapter and may coordinate as necessary with the department of public health and human services in adoption of the rules.
(2) The rules must allow for flexibility in the scope of services allowed under the program in order to permit a program participant to obtain the education, training, or supportive services needed to improve the participant's employment situation. The department shall consult with the department of public health and human services to determine the supportive services allowed under the program. (Terminates June 30, 2025--sec. 38, Ch. 415, L. 2019.)
History: En. Sec. 17, Ch. 368, L. 2015; amd. Sec. 2, Ch. 547, L. 2021.
2023 Montana Code Annotated › Title 39. Labor › Chapter 29. Veterans' Employment Preference › Part 1. General Provisions › 39-29-102. Point preference or alternative preference in initial hiring for certain applicants -- substantially equivalent selection procedure

39-29-102. Point preference or alternative preference in initial hiring for certain applicants -- substantially equivalent selection procedure.
(1) Subject to the restrictions in subsections (2) and (3), whenever a public employer uses a scored procedure, an applicant for an initial hiring, as defined in 39-30-103, must have added to the applicant's score the following percentage points of the total possible points that may be granted in the scored procedure:
(a) 5 percentage points if the applicant is a veteran; and
(b) 10 percentage points if the applicant is a disabled veteran or an eligible relative.
(2) A veteran, disabled veteran, or eligible relative may not receive the percentage points provided for in subsection (1) unless the person:
(a) is a United States citizen; and
(b) meets the minimum qualifications required for the position. If no applicant meets the minimum qualifications and the public employer fills a training position, veterans' preference must be applied.
(3) A disabled veteran who receives 10 percentage points under subsection (1)(b) may not receive an additional 5 percentage points under subsection (1)(a).
(4) Whenever a public employer uses a selection procedure other than a scored procedure, the public employer shall give preference to a disabled veteran, a person with a disability, a veteran, an eligible relative as defined in 39-29-101, and an eligible spouse as defined in 39-30-103, in that order, over any nonpreferred applicant holding substantially equal qualifications, as defined in 39-30-103.
(5) The preference under this section may include a guaranteed job interview for a veteran who meets the required qualifications for the position and has requested a preference, as provided in 39-29-103, if the public employer provides for a job interview preference by rule or ordinance. The guarantee of a job interview is not part of the preference claim that may be enforced as provided in 39-29-104.
History: En. Sec. 2, Ch. 646, L. 1989; amd. Sec. 1, Ch. 168, L. 1999; amd. Sec. 1, Ch. 191, L. 2013.
2023 Montana Code Annotated › Title 39. Labor › Chapter 29. Veterans' Employment Preference › Part 1. General Provisions › 39-29-103. Notice and claim of preference

39-29-103. Notice and claim of preference.
(1) A public employer shall, by posting or on the application form, give notice of the preference provided in 39-29-102.
(2) A job applicant who believes that the applicant is eligible to receive a preference shall claim the preference in writing before the time for filing applications for the position involved has passed. Failure to make a timely preference claim for a position is a complete defense to an action instituted by an applicant under 39-29-104 with regard to that position.
(3) If an applicant for a position makes a timely written preference claim, the public employer:
(a) may, under an existing rule or ordinance implementing this subsection (3)(a), guarantee to a veteran a job interview for a position for which the veteran meets the required qualifications and has submitted a preference claim; and
(b) shall give written notice of its hiring decision to the applicant claiming preference.
History: En. Sec. 3, Ch. 646, L. 1989; amd. Sec. 2, Ch. 168, L. 1999; amd. Sec. 2, Ch. 191, L. 2013.
2023 Montana Code Annotated › Title 39. Labor › Chapter 29. Veterans' Employment Preference › Part 1. General Provisions › 39-29-104. Enforcement of preference

39-29-104. Enforcement of preference.
(1) An applicant who believes that the applicant is entitled to but has not been given the preference provided in 39-29-102 may, within 30 days of receipt of the notice of the hiring decision provided for in 39-29-103, submit to the public employer a written request for an explanation of the public employer's hiring decision. Within 15 days of receipt of the request, the public employer shall give the applicant a written explanation.
(2) After following the procedure described in subsection (1), the applicant may, within 90 days after receipt of notice of the hiring decision, file a petition in the district court in the county in which the application was received by the public employer. The petition must state facts that on their face entitle the applicant to a preference.
(3) (a) Upon filing of the petition, the court shall order the public employer to appear in court at a specified time not less than 5 or more than 10 days after the day the petition was filed and show cause why the applicant was not hired for the position. At the hearing, the public employer has the burden of proving by a preponderance of the evidence that the public employer applied the preference under 39-29-102 and made a reasonable hiring decision. The applicant has the burden of proving by a preponderance of the evidence that the applicant is a preference-eligible applicant.
(b) The time to appear provided in subsection (3)(a) may be waived by stipulation of the parties. If a time to appear has been specified pursuant to subsection (3)(a), the court may, on motion of one of the parties or on stipulation of all of the parties, grant a continuance.
(c) If the public employer does not carry its burden of proof under subsection (3)(a) and the court finds that the applicant is a preference-eligible applicant, the court shall order the public employer to comply with the provisions of 39-29-102. In addition, the court shall, upon proper proof, grant an award of backpay, reasonable attorney fees, and costs.
(4) Failure of an applicant to file a petition under subsection (2) within 90 days bars the filing of a petition. If a public employer fails to provide an explanation under subsection (1) within 15 days and a petition is filed under subsection (2), the court shall order the public employer to comply with the provisions of 39-29-102.
(5) The Montana Rules of Civil Procedure apply to a proceeding under this section to the extent that they do not conflict with this section.
History: En. Sec. 4, Ch. 646, L. 1989; amd. Sec. 3, Ch. 168, L. 1999.
2023 Montana Code Annotated › Title 39. Labor › Chapter 29. Veterans' Employment Preference › Part 1. General Provisions › 39-29-111. Retention during reduction in force

39-29-111. Retention during reduction in force.
(1) Subject to the restrictions in subsections (2) and (3), during a reduction in force, a public employer shall retain in a position:
(a) a veteran, disabled veteran, or eligible relative whose performance has not been rated unacceptable under a performance appraisal system over other employees with similar job duties and qualifications and same length of service; and
(b) a disabled veteran with a service-connected disability of 30% or more whose performance has not been rated unacceptable under a performance appraisal system over other veterans, disabled veterans, and eligible relatives with similar job duties and qualifications and same length of service.
(2) An employee is not entitled to preference in retention under subsection (1) unless the employee is a United States citizen.
(3) The preference in retention under subsection (1) does not apply to a position covered by a collective bargaining agreement.
History: En. Sec. 5, Ch. 646, L. 1989; amd. Sec. 1508, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 29. Veterans' Employment Preference › Part 1. General Provisions › 39-29-112. Adoption of rules

39-29-112. Adoption of rules.
The department of administration shall adopt rules implementing this chapter, except that the decision of whether to guarantee a job interview to a veteran is a decision that may be made by a local government by ordinance. The department's rules apply to all local and state public employers.
History: En. Sec. 6, Ch. 646, L. 1989; amd. Sec. 3, Ch. 191, L. 2013.
2023 Montana Code Annotated › Title 39. Labor › Chapter 29. Veterans' Employment Preference › Part 2. Private Employer Hiring Preference › 39-29-202. Legislative intent -- interpretation

39-29-202. Legislative intent -- interpretation.
(1) The purpose of this part is to authorize private sector employers to adopt a hiring preference for veterans.
(2) Pursuant to Article II, section 35, of the Montana constitution, this part may not be interpreted to violate any other state or local equal employment opportunity law.
History: En. Sec. 2, Ch. 147, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 29. Veterans' Employment Preference › Part 2. Private Employer Hiring Preference › 39-29-203. Veteran hiring preference for private employers authorized -- definition

39-29-203. Veteran hiring preference for private employers authorized -- definition.
(1) A private sector employer may adopt an employment policy that gives preference in hiring to a veteran.
(2) For the purposes of this part, "private sector employer" means any employer that is not a public employer. The term includes for-profit and not-for-profit employers.
History: En. Sec. 3, Ch. 147, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 30. Persons With Disabilities Public Employment Preference › Part 1. General Provisions › 39-30-101. Short title

39-30-101. Short title.
This chapter may be cited as the "Montana Persons With Disabilities Employment Preference Act".
History: En. Sec. 1, Ch. 1, Sp. L. 1983; amd. Sec. 8, Ch. 646, L. 1989; amd. Sec. 32, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 30. Persons With Disabilities Public Employment Preference › Part 1. General Provisions › 39-30-102. Purposes

39-30-102. Purposes.
The purposes of this chapter are to recognize past employment discrimination against persons with disabilities and to facilitate the habilitation, rehabilitation, and readjustment of persons with disabilities.
History: En. Sec. 2, Ch. 1, Sp. L. 1983; amd. Sec. 9, Ch. 646, L. 1989; amd. Sec. 33, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 30. Persons With Disabilities Public Employment Preference › Part 1. General Provisions › 39-30-106. Adoption of rules

39-30-106. Adoption of rules.
The department of administration shall adopt rules implementing this chapter and shall consult with the department of public health and human services in adopting rules governing certification of persons with disabilities for purposes of this chapter. The department of administration's rules apply to all public employers, local as well as state.
History: En. Sec. 9, Ch. 1, Sp. L. 1983; amd. Sec. 102, Ch. 546, L. 1995; amd. Sec. 35, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 30. Persons With Disabilities Public Employment Preference › Part 1. General Provisions › 39-30-107. Certification of persons with disabilities

39-30-107. Certification of persons with disabilities.
Except for a disabled veteran, who must be certified as disabled by the U.S. department of veterans affairs, the department of public health and human services shall certify persons with disabilities for the purpose of employment preference as provided in this chapter.
History: En. Sec. 6, Ch. 1, Sp. L. 1983; amd. Sec. 103, Ch. 546, L. 1995; amd. Sec. 36, Ch. 472, L. 1997; amd. Sec. 5, Ch. 191, L. 2013.
2023 Montana Code Annotated › Title 39. Labor › Chapter 30. Persons With Disabilities Public Employment Preference › Part 1. General Provisions › 39-30-108. No application if conflict with federal law

39-30-108. No application if conflict with federal law.
This chapter does not apply to work or positions subject to federal laws or regulations if application of the employment preference conflicts with those laws or regulations.
History: En. Sec. 10, Ch. 1, Sp. L. 1983.
2023 Montana Code Annotated › Title 39. Labor › Chapter 30. Persons With Disabilities Public Employment Preference › Part 2. Operative Provisions › 39-30-201. Employment preference in initial hiring

39-30-201. Employment preference in initial hiring.
(1) Except as provided in 10-2-402 and subsection (3) of this section, in an initial hiring for a position, if a job applicant who is a person with a disability or eligible spouse meets the eligibility requirements contained in 39-30-202 and claims a preference as required by 39-30-206, a public employer shall hire the applicant over any other applicant with substantially equal qualifications who is not a preference-eligible applicant.
(2) The employment preference provided for in subsection (1) does not apply to a personnel action described in 39-30-103(2)(b) or to any other personnel action that is not an initial hiring.
(3) To minimize confusion between 39-29-102 and this section, if a public employer in an initial hiring for a position uses a scoring procedure, the employer shall follow the guidelines in 39-29-102 if an applicant requests a veterans' or disabled veterans' preference. If a scoring procedure is not used, the employer shall provide preference first to a disabled veteran, then to a person with a disability, a veteran, an eligible relative as defined in 39-29-101, and an eligible spouse as defined in 39-30-103, in that order, over any applicant that does not have preference eligibility and that has substantially equal qualifications.
History: En. Sec. 4, Ch. 1, Sp. L. 1983; amd. Sec. 11, Ch. 646, L. 1989; amd. Sec. 37, Ch. 472, L. 1997; amd. Sec. 6, Ch. 191, L. 2013.
2023 Montana Code Annotated › Title 39. Labor › Chapter 30. Persons With Disabilities Public Employment Preference › Part 2. Operative Provisions › 39-30-202. Eligibility requirements

39-30-202. Eligibility requirements.
An eligible spouse or person with a disability is not entitled to receive employment preference as provided in 39-30-201 unless:
(1) the individual is a United States citizen;
(2) the individual has resided continuously in the state for at least 1 year immediately before applying for employment;
(3) if applying for municipal or county employment, the individual has resided for at least 30 days immediately before applying for employment in the city, town, or county in which employment is sought; and
(4) the individual meets those requirements considered necessary by a public employer to successfully perform the essential duties of the position for which the individual is applying.
History: En. Sec. 5, Ch. 1, Sp. L. 1983; amd. Sec. 12, Ch. 646, L. 1989; amd. Sec. 38, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 30. Persons With Disabilities Public Employment Preference › Part 2. Operative Provisions › 39-30-203. Duration of preference

39-30-203. Duration of preference.
Subject to 39-30-202, a person with a disability or eligible spouse qualifies for employment preference as long as the disabling condition exists.
History: En. Sec. 7, Ch. 1, Sp. L. 1983; amd. Sec. 13, Ch. 646, L. 1989; amd. Sec. 39, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 30. Persons With Disabilities Public Employment Preference › Part 2. Operative Provisions › 39-30-206. Notice and claim of preference

39-30-206. Notice and claim of preference.
(1) A public employer shall, by posting or on the application form, give notice of the preferences that this chapter provides in public employment.
(2) A job applicant who believes that the applicant has an employment preference shall claim the preference in writing before the time for filing applications for the position involved has passed. Failure to make a timely employment preference claim for a position is a complete defense to an action in regard to that position under 39-30-207.
(3) If an applicant for a position makes a timely written employment preference claim, the public employer shall give written notice of its hiring decision to each applicant claiming preference.
History: En. Sec. 8(1)-(3), Ch. 1, Sp. L. 1983; amd. Sec. 1509, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 30. Persons With Disabilities Public Employment Preference › Part 2. Operative Provisions › 39-30-207. Enforcement of preference

39-30-207. Enforcement of preference.
(1) An applicant who believes that the applicant has not been accorded the applicant's rights under this chapter may, within 30 days of receipt of the notice of the hiring decision provided for in 39-30-206, submit to the public employer a written request for an explanation of the public employer's hiring decision. Within 15 days of receipt of the request, the public employer shall give the applicant a written explanation.
(2) The applicant may, within 90 days after receipt of notice of the hiring decision, file a petition in the district court in the county in which the applicant's application was received by the public employer. The petition must state facts that on their face entitle the applicant to an employment preference.
(3) (a) Upon filing of the petition, the court shall order the public employer to appear in court at a specified time not less than 10 or more than 30 days after the day the petition was filed and show cause why the applicant was not hired for the position. At the hearing, the public employer has the burden of proving by a preponderance of the evidence that the employer made a reasonable determination pursuant to 39-30-103(7), and the applicant has the burden of proving by a preponderance of the evidence that the applicant is a preference-eligible applicant.
(b) The time to appear provided in subsection (3)(a) may be waived by stipulation of the parties. If a time to appear has been specified pursuant to subsection (3)(a), the court may, on motion of one of the parties or on stipulation of all of the parties, grant a continuance.
(c) If the public employer does not carry its burden of proof under subsection (3)(a) and the court finds that the applicant is a preference-eligible applicant, the court shall order the public employer to reopen the selection process for the position involved and shall grant the applicant reasonable attorney fees and court costs. The remedy provided by this section is the only remedy for a violation of this chapter, and a court may not grant any other relief in an action for violation of this chapter.
(4) Failure of an applicant to file a petition under subsection (2) within 90 days bars the filing of a petition. If a public employer fails to provide an explanation under subsection (1) within 15 days and a petition is filed under subsection (2), the court shall order the public employer to reopen the selection process.
(5) The Montana Rules of Civil Procedure apply to a proceeding under this section to the extent that they do not conflict with this section.
History: En. Sec. 8(4), Ch. 1, Sp. L. 1983; amd. Sec. 14, Ch. 646, L. 1989; amd. Sec. 1510, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 31. Collective Bargaining for Public Employees › Part 1. General Provisions › 39-31-101. Policy

39-31-101. Policy.
In order to promote public business by removing certain recognized sources of strife and unrest, it is the policy of the state of Montana to encourage the practice and procedure of collective bargaining to arrive at friendly adjustment of all disputes between public employers and their employees.
History: En. Sec. 1, Ch. 441, L. 1973; R.C.M. 1947, 59-1601.
2023 Montana Code Annotated › Title 39. Labor › Chapter 31. Collective Bargaining for Public Employees › Part 1. General Provisions › 39-31-102. Chapter not limit on legislative authority

39-31-102. Chapter not limit on legislative authority.
This chapter does not limit the authority of the legislature, any political subdivision, or the governing body relative to appropriations for salary and wages, hours, fringe benefits, and other conditions of employment.
History: En. Sec. 5, Ch. 441, L. 1973; amd. Sec. 1, Ch. 36, L. 1975; amd. Sec. 1, Ch. 97, L. 1975; amd. Sec. 2, Ch. 384, L. 1975; R.C.M. 1947, 59-1605(5).
2023 Montana Code Annotated › Title 39. Labor › Chapter 31. Collective Bargaining for Public Employees › Part 1. General Provisions › 39-31-104. Rules

39-31-104. Rules.
The board shall adopt, amend, or rescind such rules it considers necessary and administratively feasible to carry out the provisions of this chapter.
History: En. Sec. 13, Ch. 441, L. 1973; R.C.M. 1947, 59-1613(4).
2023 Montana Code Annotated › Title 39. Labor › Chapter 31. Collective Bargaining for Public Employees › Part 1. General Provisions › 39-31-105. Administrative procedure act applicable -- conduct of hearing

39-31-105. Administrative procedure act applicable -- conduct of hearing.
All hearings and appeals must be in accordance with the appropriate provisions of the Montana Administrative Procedure Act. Hearings and appeals may be conducted by telephone or by videoconference, with the consent of the necessary parties.
History: En. Sec. 17, Ch. 441, L. 1973; R.C.M. 1947, 59-1616; amd. Sec. 9, Ch. 90, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 31. Collective Bargaining for Public Employees › Part 1. General Provisions › 39-31-106. Board authorized to subpoena witnesses and administer oaths

39-31-106. Board authorized to subpoena witnesses and administer oaths.
(1) To accomplish the objectives and to carry out the duties prescribed by this chapter, the board may subpoena witnesses and may administer oaths and affirmations.
(2) In cases of neglect or refusal to obey a subpoena issued to any person, the district court of the county in which the investigations or the public hearings are taking place or the district court of the first judicial district of this state, upon application by the board, may issue an order requiring such person to appear before the board or agent to produce evidence or give testimony about the matter under investigation. Failure to obey such order may be punished by the court as contempt.
History: En. Sec. 13, Ch. 441, L. 1973; R.C.M. 1947, 59-1613(1), (2).
2023 Montana Code Annotated › Title 39. Labor › Chapter 31. Collective Bargaining for Public Employees › Part 1. General Provisions › 39-31-107. Service of subpoenas, notices of hearing, and other process

39-31-107. Service of subpoenas, notices of hearing, and other process.
Any subpoena, notice of hearing, or other process or notice of the board issued under the provisions of this chapter may be served by depositing it in the U.S. mail, postage prepaid.
History: En. Sec. 13, Ch. 441, L. 1973; R.C.M. 1947, 59-1613(3); amd. Sec. 1, Ch. 10, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 31. Collective Bargaining for Public Employees › Part 1. General Provisions › 39-31-108. Counsel for public parties to litigation

39-31-108. Counsel for public parties to litigation.
In any action brought under the provisions of this chapter in the courts of this state, the public employer shall be represented by the attorney general or attorney of subdivision and the board shall be represented by counsel hired to represent the board for purposes of that proceeding.
History: En. Sec. 11, Ch. 441, L. 1973; R.C.M. 1947, 59-1611.
2023 Montana Code Annotated › Title 39. Labor › Chapter 31. Collective Bargaining for Public Employees › Part 1. General Provisions › 39-31-109. Existing collective bargaining agreements not affected

39-31-109. Existing collective bargaining agreements not affected.
Nothing in this chapter shall be construed to remove recognition of established collective bargaining agreements already recognized or in existence prior to July 1, 1973.
History: En. Sec. 16, Ch. 441, L. 1973; R.C.M. 1947, 59-1615.
2023 Montana Code Annotated › Title 39. Labor › Chapter 31. Collective Bargaining for Public Employees › Part 2. Public Employee Self-Organization and Certification of Bargaining Representative › 39-31-201. Public employees protected in right of self-organization

39-31-201. Public employees protected in right of self-organization.
Public employees shall have and shall be protected in the exercise of the right of self-organization, to form, join, or assist any labor organization, to bargain collectively through representatives of their own choosing on questions of wages, hours, fringe benefits, and other conditions of employment, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection free from interference, restraint, or coercion.
History: En. Sec. 3, Ch. 441, L. 1973; amd. Sec. 1, Ch. 244, L. 1974; R.C.M. 1947, 59-1603(1).
2023 Montana Code Annotated › Title 39. Labor › Chapter 31. Collective Bargaining for Public Employees › Part 2. Public Employee Self-Organization and Certification of Bargaining Representative › 39-31-202. Board to determine appropriate bargaining unit -- factors to be considered

39-31-202. Board to determine appropriate bargaining unit -- factors to be considered.
(1) In order to ensure employees the fullest freedom in exercising the rights guaranteed by this chapter, the board or an agent of the board shall decide the unit appropriate for the purpose of collective bargaining and shall consider such factors as community of interest, wages, hours, fringe benefits, and other working conditions of the employees involved, the history of collective bargaining, common supervision, common personnel policies, extent of integration of work functions and interchange among employees affected, and the desires of the employees.
(2) If a state agency or facility of a state agency is reorganized to the extent that the reorganization results in substantial changes to the factors listed in subsection (1), the public employer representative, as provided in 39-31-301, may petition the board to make a new determination of the appropriate unit for the purpose of collective bargaining. In making this determination, the board shall take into account the consequences of the reorganization on each position in the affected agency or facility.
(3) Unless the board has received a petition, as provided in 39-31-207, to consider a collective bargaining unit that was not designated as an appropriate unit prior to the reorganization described in subsection (2), the board may not consider any labor organization that was not designated to represent employees of the affected agency or facility at the time that the reorganization became effective.
History: En. Sec. 6, Ch. 441, L. 1973; amd. Sec. 1, Ch. 136, L. 1975; R.C.M. 1947, 59-1606(2); amd. Sec. 1, Ch. 176, L. 1999.
2023 Montana Code Annotated › Title 39. Labor › Chapter 31. Collective Bargaining for Public Employees › Part 2. Public Employee Self-Organization and Certification of Bargaining Representative › 39-31-203. Deduction of dues from employee's pay

39-31-203. Deduction of dues from employee's pay.
Upon written authorization of any public employee within a bargaining unit, the public employer shall deduct from the pay of the public employee the monthly amount of dues as certified by the secretary of the exclusive representative and shall deliver the dues to the treasurer of the exclusive representative.
History: En. Sec. 12, Ch. 441, L. 1973; R.C.M. 1947, 59-1612.
2023 Montana Code Annotated › Title 39. Labor › Chapter 31. Collective Bargaining for Public Employees › Part 2. Public Employee Self-Organization and Certification of Bargaining Representative › 39-31-204. Repealed

39-31-204. Repealed.
Sec. 2, Ch. 233, L. 2021.
History: En. Sec. 3, Ch. 441, L. 1973; amd. Sec. 1, Ch. 244, L. 1974; R.C.M. 1947, 59-1603(5); amd. Sec. 1, Ch. 237, L. 1985; amd. Sec. 1511, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 31. Collective Bargaining for Public Employees › Part 2. Public Employee Self-Organization and Certification of Bargaining Representative › 39-31-205. Designated labor organizations to represent employees without discrimination

39-31-205. Designated labor organizations to represent employees without discrimination.
Labor organizations designated in accordance with the provisions of this chapter are responsible for representing the interest of all employees in the exclusive bargaining unit without discrimination for the purposes of collective bargaining with respect to rates of pay, hours, fringe benefits, and other conditions of employment.
History: En. Sec. 3, Ch. 441, L. 1973; amd. Sec. 1, Ch. 244, L. 1974; R.C.M. 1947, 59-1603(3).
2023 Montana Code Annotated › Title 39. Labor › Chapter 31. Collective Bargaining for Public Employees › Part 2. Public Employee Self-Organization and Certification of Bargaining Representative › 39-31-206. Labor organization to guarantee certain rights and safeguards prior to certification or recognition

39-31-206. Labor organization to guarantee certain rights and safeguards prior to certification or recognition.
(1) Certification or recognition as an exclusive representative shall be extended or continued, as the case may be, only to a labor or employee organization the written bylaws of which provide for and guarantee the following rights and safeguards and whose practices conform to such rights and safeguards as:
(a) provisions are made for democratic organization and procedures;
(b) elections are conducted pursuant to adequate standards and safeguards;
(c) controls are provided for the regulation of officers and agents having fiduciary responsibility to the organization; and
(d) requirements exist for maintenance of sound accounting and fiscal controls, including annual audits.
(2) The board shall hear and decide all disputes arising under subsection (1).
History: En. Sec. 3, Ch. 441, L. 1973; amd. Sec. 1, Ch. 244, L. 1974; R.C.M. 1947, 59-1603(4); amd. Sec. 1, Ch. 18, L. 1985.