reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 2. Legislative Audit Committee › 5-13-202. Appointment and term of members -- officers -- vacancies

5-13-202. Appointment and term of members -- officers -- vacancies.
(1) The legislative audit committee consists of six members of the senate and six members of the house of representatives appointed before the end of each regular session in the same manner as standing committees of the respective houses are appointed. Subject to 5-5-234, three of the appointees of each house must be members of the majority party and three of the appointees of each house must be members of the minority party.
(2) A member of the committee shall serve until the member's term of office as a legislator ends or until a successor is appointed, whichever occurs first.
(3) The committee shall elect one of its members as presiding officer and other officers as it considers necessary. If a party has a majority of both chambers, the presiding officer must be from that party.
(4) A vacancy on the committee occurring when the legislature is not in session must be filled by the selection of a member of the legislature by the remaining members of the committee. If there is a vacancy on the committee at the beginning of a legislative session because a member's term of office as a legislator has ended, a member of the same political party must be appointed in the same manner as the original appointment, no later than the 10th legislative day, to serve until a successor is appointed under subsection (1).
History: En. Sec. 3, Ch. 249, L. 1967; Sec. 79-2303, R.C.M. 1947; amd. and redes. 79-2304 by Sec. 2, Ch. 367, L. 1974; amd. Sec. 26, Ch. 309, L. 1977; R.C.M. 1947, 79-2304; amd. Sec. 42, Ch. 545, L. 1995; amd. Sec. 14, Ch. 4, Sp. L. May 2007; amd. Sec. 8, Ch. 432, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 2. Legislative Audit Committee › 5-13-203. Meetings -- compensation

5-13-203. Meetings -- compensation.
(1) The committee shall meet:
(a) as often as may be necessary during and between legislative sessions to advise and consult with the legislative auditor; and
(b) to review privatization plans and to make findings, conclusions, and recommendations as required under the provisions of 2-8-302.
(2) Committee members are entitled to receive compensation and expenses as provided in 5-2-302.
History: En. Sec. 4, Ch. 249, L. 1967; Sec. 79-2304, R.C.M. 1947; amd. and redes. 79-2305 by Sec. 3, Ch. 367, L. 1974; amd. Sec. 8, Ch. 103, L. 1977; R.C.M. 1947, 79-2305; amd. Sec. 4, Ch. 285, L. 2005.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-301. Legislative audit division

5-13-301. Legislative audit division.
There is a legislative audit division. The legislative auditor is responsible to manage the division in order to perform the duties imposed by this chapter.
History: En. 79-2303.1 by Sec. 1, Ch. 367, L. 1974; amd. Sec. 25, Ch. 309, L. 1977; R.C.M. 1947, 79-2303.1(2); amd. Sec. 43, Ch. 545, L. 1995.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-302. Appointment and qualifications

5-13-302. Appointment and qualifications.
(1) (a) The committee shall appoint the legislative auditor and set the legislative auditor's salary in accordance with the rules for classification and pay adopted by the legislative council.
(b) The legislative auditor's employment may not be conditioned based on the review, recommendation, or feedback of a state agency. However, this subsection (1)(b) does not prevent the legislative auditor from seeking feedback of state agencies for the purposes of evaluating the performance of employees of the legislative audit division.
(c) A tie vote by the committee does not negate approval of the legislative auditor's continued employment after initial appointment or reappointment.
(2) The legislative auditor shall hold a degree from an accredited college or university with a major in accounting or an allied field and shall have at least 2 years' experience in the field of governmental accounting and auditing.
History: En. Sec. 5, Ch. 249, L. 1967; Sec. 79-2305, R.C.M. 1947; redes. 79-2307 by Sec. 8, Ch. 367, L. 1974; R.C.M. 1947, 79-2307; amd. Sec. 44, Ch. 545, L. 1995; amd. Sec. 1, Ch. 147, L. 2021; amd. Sec. 1, Ch. 183, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-303. Term and removal

5-13-303. Term and removal.
(1) The legislative auditor is responsible solely to the legislature.
(2) (a) The legislative auditor shall hold office for a term of 2 years beginning with July 1 of each even-numbered year.
(b) The committee may not condition the legislative auditor's reemployment after a 2-year period based on the review, recommendation, or feedback of a state agency.
(c) A tie vote by the committee does not negate approval of the legislative auditor's continued employment after initial appointment or reappointment after a 2-year period.
(d) The committee may remove the legislative auditor for misfeasance, malfeasance, or nonfeasance in office at any time after notice and hearing.
History: En. Sec. 7, Ch. 249, L. 1967; Sec. 79-2307, R.C.M. 1947; redes. 79-2309 by Sec. 8, Ch. 367, L. 1974; R.C.M. 1947, 79-2309; amd. Sec. 1, Ch. 48, L. 1991; amd. Sec. 253, Ch. 61, L. 2007; amd. Sec. 2, Ch. 147, L. 2021; amd. Sec. 2, Ch. 183, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-304. Powers and duties

5-13-304. Powers and duties.
The legislative auditor shall:
(1) (a) perform an annual audit of the statewide annual financial report prepared by the department of administration in accordance with generally accepted accounting principles;
(b) continue to conduct a biennial single audit until June 30, 2025. For the fiscal year beginning July 1, 2025, and for each fiscal year thereafter, the legislative auditor shall perform an annual audit of federal financial assistance provided to the state that meets the requirements established by the federal government.
(c) conduct, or have conducted, compliance audits or audits of the financial affairs and transactions of all state agencies at an interval determined by the legislative auditor, taking into consideration the agency's operations, risk, the complexity of its fiscal structure, and the nature and extent of previous audit findings;
(2) conduct an audit to meet the standards and accomplish the objectives required in 5-13-308 whenever the legislative auditor determines it necessary and shall advise the members of the legislative audit committee;
(3) make a complete written report of each audit. A copy of each report must be furnished to the department of administration, the state agency that was audited, each member of the committee, and the legislative services division.
(4) report immediately in writing to the attorney general and the governor any apparent violation of penal statutes disclosed by the audit of a state agency and furnish the attorney general with all information available relative to the violation;
(5) report immediately in writing to the governor any instances of misfeasance, malfeasance, or nonfeasance by a state officer or employee disclosed by the audit of a state agency;
(6) report immediately to the commissioner of political practices any instances of apparent violations of the state code of ethics provided for in Title 2, chapter 2, part 1;
(7) report immediately to the surety upon the bond of an official or employee when an audit discloses a shortage in the accounts of the official or employee. Failure to notify the surety does not release the surety from any obligation under the bond.
(8) have the authority to audit records of organizations and individuals receiving grants from or on behalf of the state to determine that the grants are administered in accordance with the grant terms and conditions. Whenever a state agency enters into an agreement to grant resources under its control to others, the agency shall obtain the written consent of the grantee to the audit provided for in this subsection.
History: En. Sec. 8, Ch. 249, L. 1967; amd. Sec. 98, Ch. 326, L. 1974; Sec. 79-2308, R.C.M. 1947; amd. and redes. 79-2310 by Sec. 5, Ch. 367, L. 1974; amd. Sec. 27, Ch. 309, L. 1977; R.C.M. 1947, 79-2310; amd. Sec. 1, Ch. 472, L. 1985; amd. Sec. 16, Ch. 112, L. 1991; amd. Sec. 14, Ch. 349, L. 1993; amd. Sec. 45, Ch. 545, L. 1995; amd. Sec. 1, Ch. 377, L. 1997; amd. Sec. 2, Ch. 91, L. 2007; amd. Sec. 1, Ch. 158, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-305. Employees, consultants, and legal counsel -- background checks -- cure for impairment

5-13-305. Employees, consultants, and legal counsel -- background checks -- cure for impairment.
(1) The legislative auditor may appoint and define the duties of employees and consultants who are necessary to carry out the provisions of this chapter within the limitations of legislative appropriations. The legislative auditor shall set the pay for employees in accordance with the rules for classification and pay adopted by the legislative council. The legislative auditor may employ legal counsel to conduct proceedings under this chapter.
(2) (a) The legislative auditor may not employ a prospective employee to conduct or supervise audits without conducting or having conducted a background check on the prospective employee. The background check must include a state and federal fingerprint-based check by the Montana department of justice and the federal bureau of investigation. When reporting the results of the background check, the Montana department of justice shall specifically report any previous conviction of the prospective employee for embezzlement or other financial crimes. The purpose of the background and fingerprint checks is to determine whether the prospective employee is an appropriate person to audit the records of one or more state agencies or programs.
(b) A copy of the results of the background check must be delivered to the legislative auditor. If the legislative auditor determines, based upon the results of the background and fingerprint checks, that a prospective employee is not an appropriate person to audit one or more state agencies or programs, the legislative auditor may not employ the prospective employee.
(3) The legislative auditor shall inform the legislative council and the legislative audit committee in writing of an administrative policy or rule adopted under 5-11-105 that may impair the independence of the division, along with a statement of the reasons for the opinion and suggested changes to cure the impairment. The legislative council shall review the rule in question and adopt a revision that is generally applicable to the legislative branch and that is designed to cure the impairment. While the impairment exists, the legislative audit committee may adopt a specific exemption to the questioned rule that states the alternative rule to be employed under the exemption. If prepared, a compilation of written reports must be provided to the legislature in accordance with 5-11-210.
History: En. Sec. 6, Ch. 249, L. 1967; Sec. 79-2306, R.C.M. 1947; amd. and redes. 79-2308 by Sec. 4, Ch. 367, L. 1974; R.C.M. 1947, 79-2308; amd. Sec. 46, Ch. 545, L. 1995; amd. Sec. 1, Ch. 234, L. 2011; amd. Sec. 27, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-306. Legislative auditor to assist legislature during sessions

5-13-306. Legislative auditor to assist legislature during sessions.
During sessions of the legislature, the legislative auditor and the audit staff, when requested, shall assist the legislature, its committees, and its members by gathering and analyzing information relating to the fiscal affairs of state government.
History: En. Sec. 11, Ch. 249, L. 1967; Sec. 79-2311, R.C.M. 1947; redes. 79-2311.1 by Legislative Council, 1974; R.C.M. 1947, 79-2311.1; amd. Sec. 254, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-307. Recommendations of legislative auditor -- implementation costs

5-13-307. Recommendations of legislative auditor -- implementation costs.
(1) The reports of the legislative auditor may include comments, recommendations, and suggestions, but the legislative auditor does not have the power to enforce them and may not otherwise influence or direct executive or legislative action.
(2) Whenever significant costs are associated with the implementation of audit recommendations, the legislative auditor shall, if practicable, note this fact and the estimated amount of the costs in the appropriate audit report.
History: (1)En. Sec. 10, Ch. 249, L. 1967; Sec. 79-2310, R.C.M. 1947; amd. and redes. 79-2312 by Sec. 6, Ch. 367, L. 1974; R.C.M. 1947, 79-2312; (2)En. Sec. 5, Ch. 24, L. 1981; amd. Sec. 255, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-308. Audit standards and objectives

5-13-308. Audit standards and objectives.
The objectives of financial compliance, performance, and information system audits of state agencies or their programs conducted by the legislative auditor are formulated, defined, and conducted in accordance with industry standards established for auditing to determine whether:
(1) the agency is carrying out only those activities or programs authorized by the legislature and is conducting them efficiently, effectively, and in accordance with legislative intent;
(2) expenditures are made only in furtherance of authorized activities and in accordance with the requirements of applicable laws and regulations;
(3) the agency collects and accounts properly for all revenues and receipts arising from its activities;
(4) the assets, including information technology, of the agency or in its custody are adequately safeguarded and controlled and utilized in an efficient manner;
(5) reports and financial statements by the agency to the governor, the legislature, and central control agencies disclose fully the nature and scope of the activities conducted and provide a proper basis for evaluating the agency's operations.
History: En. Sec. 9, Ch. 249, L. 1967; Sec. 79-2309, R.C.M. 1947; redes. 79-2311 by Sec. 8, Ch. 367, L. 1974; R.C.M. 1947, 79-2311; amd. Sec. 3, Ch. 91, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-309. Information from state agencies

5-13-309. Information from state agencies.
(1) All state agencies shall aid and assist the legislative auditor in the auditing of books, accounts, activities, and records.
(2) The legislative auditor may examine at any time the books, accounts, activities, and records, confidential or otherwise, of a state agency. This section may not be construed as authorizing the publication of information prohibited by law.
(3) The head of each state agency shall immediately notify both the attorney general and the legislative auditor in writing upon the discovery of any theft, actual or suspected, involving state money or property under that agency's control or for which the agency is responsible.
History: En. Sec. 12, Ch. 249, L. 1967; amd. Sec. 1, Ch. 270, L. 1971; Sec. 79-2312, R.C.M. 1947; amd. and redes. 79-2314 by Sec. 7, Ch. 367, L. 1974; amd. Sec. 62, Ch. 359, L. 1977; R.C.M. 1947, 79-2314; amd. Sec. 1, Ch. 232, L. 1981; amd. Sec. 256, Ch. 61, L. 2007; amd. Sec. 4, Ch. 91, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-310. Prosecution -- discipline of professionals

5-13-310. Prosecution -- discipline of professionals.
(1) The attorney general shall conduct on behalf of the state all prosecutions for public offenses involving a state agency that are reported to the attorney general by the legislative auditor.
(2) If the attorney general declines the prosecution or fails to commence action on a public offense within a reasonable time, the county attorney of the appropriate county shall conduct on behalf of the state the prosecution.
(3) In an action taken by the attorney general or a county attorney under this section, in which a professional person in the state of Montana is charged or may have engaged in unethical conduct, all records or certified copies of the records, including investigative materials, must be turned over to the appropriate disciplinary authority for the profession immediately upon completion of the action.
History: En. Sec. 1, Ch. 4, L. 1974; amd. Sec. 1, Ch. 458, L. 1975; R.C.M. 1947, 79-2315; amd. Sec. 1, Ch. 14, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-311. Legislative auditor to establish and maintain toll-free number for reporting fraud, waste, and abuse -- procedures

5-13-311. Legislative auditor to establish and maintain toll-free number for reporting fraud, waste, and abuse -- procedures.
(1) The legislative auditor shall establish and maintain a toll-free telephone number for Montana residents to report fraud, waste, and abuse in state government. The legislative auditor shall review all telephone calls received at the toll-free number and maintain a record of each call. The legislative auditor shall:
(a) analyze and verify the information received from each telephone call; or
(b) refer the information for appropriate action to the agency that is or appears to be the subject of the call.
(2) A state agency that receives information referred to it by the legislative auditor pursuant to this section shall take adequate and appropriate action to investigate and remedy any fraud, waste, or abuse discovered as a result of the referral. The agency shall report in writing to the legislative auditor concerning the results of its investigation and those measures taken to correct any fraud, waste, or abuse discovered as a result of the referral.
(3) Information received at the toll-free number is confidential until the time that the legislative auditor or other appropriate agency determines the validity of the information and takes corrective action. After the legislative auditor or other appropriate agency takes action to verify the fraud, waste, or abuse complained of and takes any corrective action, information concerning the subject of the complaint and the remedy, if any, is public information unless precluded by law.
(4) The legislative auditor shall, as directed by the legislative audit committee, periodically report to the committee on:
(a) the use of the toll-free number;
(b) the results of the reviews, verifications, and referrals; and
(c) any corrective actions taken by the appropriate agencies.
(5) Information received at the toll-free number concerning a governmental entity other than state government may be referred by the legislative auditor to an appropriate federal, state, or local government agency.
(6) (a) If the legislative auditor determines that as a result of a review and verification or referral pursuant to this section, a waste of state resources has occurred, the legislative auditor shall report the matter in writing to the legislative fiscal analyst.
(b) Upon completion of the investigation, the legislative auditor shall provide a copy of the report to the legislature in accordance with 5-11-210. Confidential or personal information must be redacted.
(7) The legislative auditor shall advertise the existence and purpose of the toll-free number in an appropriate manner.
History: En. Sec. 1, Ch. 20, Sp. L. November 1993; amd. Sec. 28, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-312. Deposit of money recovered

5-13-312. Deposit of money recovered.
Unless otherwise provided by law, money recovered as a result of an action taken pursuant to 5-13-311 must be deposited in the state general fund.
History: En. Sec. 2, Ch. 20, Sp. L. November 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-313. Audit selection based on risk

5-13-313. Audit selection based on risk.
(1) In selecting and prioritizing the agencies or programs for audit under 5-13-304, the legislative auditor shall consider the agency's or program's financial, operational, and technological risks associated with meeting its intended purpose, goals, objectives, and legal mandates.
(2) To aid in identifying agencies and programs for audit, the committee shall, before July 1 of each odd-numbered year, request that the governor, the board of regents, and the judiciary furnish the committee with a list of any recommendations for agencies and programs within the governor's, board of regents', or judiciary's respective jurisdiction to be considered for audit during the next biennium pursuant to this chapter. The list may be prioritized and must set forth the reasons for recommending each agency or program to be considered based on the risk criteria in subsection (1).
(3) The legislative auditor shall review the lists, suggestions from legislators and legislative committees, staff recommendations, and any other relevant information and consult with the committee as necessary.
History: En. Sec. 6, Ch. 91, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-314. Employment protection

5-13-314. Employment protection.
An employee of the state of Montana or an authorized contractor who provides information to the committee, the legislative auditor, or the legislative auditor's authorized designee may not be subject to any penalties, sanctions, retaliation, or restrictions in connection with the employee's or contractor's employment as a result of the disclosure of information unless the employee or contractor disclosing the information has violated state law.
History: En. Sec. 7, Ch. 91, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 3. Legislative Auditor › 5-13-321. Joint audits

5-13-321. Joint audits.
(1) The legislative auditor may participate with audit oversight organizations on joint audits of Montana programs or services. For the purpose of the joint audits, the legislative auditor may cooperate with the audit oversight organizations, accept and provide information necessary to the success of the joint audits, and enter into contracts for the performance of the joint audits. Audits authorized by this section may examine all or any part of the financing or performance of a program, whether operated directly by a state agency or by a contractor with a state agency. Joint audits are subject to the audit standards, objectives, and reporting procedures required by state law and as required in applicable federal laws, regulations, and policies.
(2) Audit costs of the legislative auditor for conducting joint audits authorized by subsection (1) are considered direct costs of the state agency or program subject to the audit. Funds for the payment of the expenses of the legislative auditor must be deposited in the state special revenue fund as provided in 5-13-403. To the maximum extent allowable under federal regulations, the legislative auditor shall charge audit costs of joint audits to federal funds.
(3) Audits conducted pursuant to this section must be approved by the committee as part of the operational plan of the legislative auditor.
History: En. Sec. 1, Ch. 183, L. 1995; amd. Sec. 5, Ch. 91, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 4. Audit Costs and Contracts › 5-13-401. Definitions

5-13-401. Definitions.
As used in this part, the following definitions apply:
(1) "Agency" means each state office, department, division, board, commission, council, committee, institution, university system unit, or other entity or instrumentality of the executive branch, office of the judicial branch, or office of the legislative branch of state government.
(2) "Audit services" means financial compliance post audits as required by this chapter.
(3) "University system unit" means the board of regents or its units.
History: En. Sec. 1, Ch. 24, L. 1981.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 4. Audit Costs and Contracts › 5-13-402. Audit costs

5-13-402. Audit costs.
(1) Prior to July 1 of the year preceding the regular session in which the legislature is adopting a state budget:
(a) the legislative auditor shall advise each agency and the budget director of the estimated audit costs for the following biennium. Each agency shall include the estimated audit costs in its proposed budget submitted to the budget director pursuant to 17-7-112. The budget director shall notify the legislative auditor if the executive budget recommendation to the legislature for audit costs differs from that proposed by the legislative auditor.
(b) the community college districts shall advise the budget director of the estimated audit costs for the following biennium. The budget director shall notify the community college districts if the executive budget recommendation to the legislature for audit costs differs from that proposed by the community college districts.
(2) Not later than 60 days after adjournment of each legislature, the budget director shall provide to the legislative auditor a schedule reflecting, by fund, amounts appropriated to each agency for audit costs.
(3) The legislative auditor shall bill agencies for audit services that the legislative auditor considers necessary. The legislative auditor may not bill an agency for audit services in excess of amounts appropriated for audit services. Additional audit-related services may be provided by the legislative auditor at a cost agreed to by an agency and billed to the agency.
History: En. Sec. 2, Ch. 24, L. 1981; amd. Sec. 257, Ch. 61, L. 2007; amd. Sec. 3, Ch. 168, L. 2019; amd. Sec. 1, Ch. 110, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 4. Audit Costs and Contracts › 5-13-403. Audit account -- appropriation and expenditures

5-13-403. Audit account -- appropriation and expenditures.
All money for audits transferred to the legislative auditor as provided in 5-13-402 must be deposited in the state special revenue fund in the state treasury to the credit of the office of the legislative auditor. The money deposited that is in excess of general and pay plan appropriations is statutorily appropriated, as provided in 17-7-502, and may be expended by the legislative auditor to pay expenses incurred in auditing state agencies pursuant to an operational plan approved by the legislative audit committee.
History: En. Sec. 4, Ch. 24, L. 1981; amd. Sec. 3, Ch. 277, L. 1983; amd. Sec. 1, Ch. 234, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 4. Audit Costs and Contracts › 5-13-404. Legislative audit specialist services reserve account

5-13-404. Legislative audit specialist services reserve account.
(1) There is an account in the state special revenue fund established by 17-2-102 to the credit of the legislative auditor to be known as the legislative audit specialist services reserve account. Money may be deposited in the account through an allocation of money to the account or as provided in 17-7-304.
(2) The money in the account is statutorily appropriated, as provided in 17-7-502, to the legislative auditor and may be used only for contracted services necessary to provide specialist expertise in support of activities authorized under this chapter.
(3) Allocations of money to the account must be approved by the legislative audit committee provided for in 5-13-201, and the balance in the account may not exceed $50,000, not including interest earnings.
(4) The money in the account may be expended with the approval of the legislative auditor, who shall advise and consult with the legislative audit committee on the use of the money and the disposition of the account.
(5) The money in the account must be invested pursuant to Title 17, chapter 6. The income and earnings on the account must be deposited in the account.
History: En. Sec. 1, Ch. 453, L. 2019.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 13. Legislative Audit Act › Part 4. Audit Costs and Contracts › 5-13-411. Legislative auditor to approve contracts for audit services

5-13-411. Legislative auditor to approve contracts for audit services.
No contract for an audit of a state agency may be entered into without the approval of the legislative auditor.
History: En. Sec. 3, Ch. 24, L. 1981.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 14. Administrative Code Committee (Repealed) › Part 1. Composition, Terms, and Officers (Repealed) › 5-14-101. Repealed

5-14-101. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. 82-4203.2 by Sec. 1, Ch. 410, L. 1975; amd. Sec. 5, Ch. 285, L. 1977; R.C.M. 1947, 82-4203.2(part).
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 14. Administrative Code Committee (Repealed) › Part 1. Composition, Terms, and Officers (Repealed) › 5-14-102. Repealed

5-14-102. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. 82-4203.2 by Sec. 1, Ch. 410, L. 1975; amd. Sec. 5, Ch. 285, L. 1977; R.C.M. 1947, 82-4203.2(part).
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 14. Administrative Code Committee (Repealed) › Part 1. Composition, Terms, and Officers (Repealed) › 5-14-103. Repealed

5-14-103. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. 82-4203.2 by Sec. 1, Ch. 410, L. 1975; amd. Sec. 5, Ch. 285, L. 1977; R.C.M. 1947, 82-4203.2(part); amd. Sec. 47, Ch. 545, L. 1995.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 14. Administrative Code Committee (Repealed) › Part 1. Composition, Terms, and Officers (Repealed) › 5-14-104. Repealed

5-14-104. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. 82-4203.2 by Sec. 1, Ch. 410, L. 1975; amd. Sec. 5, Ch. 285, L. 1977; R.C.M. 1947, 82-4203.2(part).
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 15. Legislative Consumer Committee Consumer Counsel › Part 1. Legislative Consumer Committee › 5-15-101. Legislative consumer committee -- appointment and composition

5-15-101. Legislative consumer committee -- appointment and composition.
(1) There is a legislative consumer committee consisting of:
(a) three members of the senate, two from the majority party and one from the minority party; and
(b) three members of the house of representatives, two from the majority party and one from the minority party.
(2) Members shall be appointed in the same manner as standing committees of the respective houses before the 60th legislative day of the legislative session following the expiration of the terms of the members of the committee. [No more than one of the appointees of each house may be members of the same political party.]
History: En. Sec. 3, Ch. 65, L. 1973; R.C.M. 1947, 70-703(part); amd. Sec. 9, Ch. 432, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 15. Legislative Consumer Committee Consumer Counsel › Part 1. Legislative Consumer Committee › 5-15-102. Ineligibility for appointment

5-15-102. Ineligibility for appointment.
A person who is an employee, agent, officer, partner, or director of a regulated company or who has served a regulated company in any capacity within the 3 years previous to the person's appointment may not be a member of the committee.
History: En. Sec. 3, Ch. 65, L. 1973; R.C.M. 1947, 70-703(3); amd. Sec. 258, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 15. Legislative Consumer Committee Consumer Counsel › Part 1. Legislative Consumer Committee › 5-15-103. Term of office

5-15-103. Term of office.
A member shall serve until the member's term of office as a legislator ends and until a successor is appointed.
History: En. Sec. 3, Ch. 65, L. 1973; R.C.M. 1947, 70-703(6); amd. Sec. 259, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 15. Legislative Consumer Committee Consumer Counsel › Part 1. Legislative Consumer Committee › 5-15-104. Vacancies

5-15-104. Vacancies.
A vacancy on the committee occurring when the legislature is not in session shall be filled by the selection of a legislator by the remaining members of the committee. If there is a vacancy on the committee at the beginning of a legislative session because a member's term of office as a legislator has ended, a member of the same political party must be appointed in the same manner as the original appointment, no later than the 10th legislative day, to serve until a successor is appointed under 5-15-101.
History: En. Sec. 3, Ch. 65, L. 1973; R.C.M. 1947, 70-703(4); amd. Sec. 48, Ch. 545, L. 1995.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 15. Legislative Consumer Committee Consumer Counsel › Part 1. Legislative Consumer Committee › 5-15-105. Officers

5-15-105. Officers.
The committee shall elect one of its members as presiding officer and other officers that it determines necessary.
History: En. Sec. 3, Ch. 65, L. 1973; R.C.M. 1947, 70-703(7); amd. Sec. 260, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 15. Legislative Consumer Committee Consumer Counsel › Part 2. Consumer Counsel › 5-15-201. Consumer counsel -- appointment and qualifications

5-15-201. Consumer counsel -- appointment and qualifications.
The committee shall appoint a consumer counsel and set the consumer counsel's salary. The consumer counsel must have the following minimum qualifications and additional qualifications that the committee determines appropriate:
(1) a bachelor's degree or equivalent from an accredited college or university with a major or minor in accounting or allied fields;
(2) be admitted to practice law in Montana courts and in the United States district court for the state of Montana.
History: En. Sec. 5, Ch. 65, L. 1973; R.C.M. 1947, 70-705; amd. Sec. 261, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 16. Environmental Quality Council › Part 1. Composition, Terms, and Officers › 5-16-101. Appointment and composition

5-16-101. Appointment and composition.
The environmental quality council consists of 17 members as follows:
(1) the governor or the governor's designated representative is an ex officio member of the council and shall participate in council meetings as a nonvoting member;
(2) six members of the senate and six members of the house of representatives appointed before the 50th legislative day in the same manner as standing committees of the respective houses are appointed. Four of the appointees of each house must be members of the majority party and two appointees of each house must be members of the minority party.
(3) four members of the general public. Two public members must be appointed by the speaker of the house with the consent of the house minority leader, and two must be appointed by the president of the senate with the consent of the senate minority leader.
History: En. Sec. 8, Ch. 238, L. 1971; amd. Sec. 1, Ch. 492, L. 1975; amd. Sec. 1, Ch. 204, L. 1977; R.C.M. 1947, 69-6508(part); amd. Sec. 49, Ch. 545, L. 1995; amd. Sec. 15, Ch. 4, Sp. L. May 2007; amd. Sec. 10, Ch. 432, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 16. Environmental Quality Council › Part 1. Composition, Terms, and Officers › 5-16-102. Qualifications

5-16-102. Qualifications.
(1) In considering the appointments under 5-16-101(2) and (3), consideration must be given to the appointees' qualifications to:
(a) analyze and interpret environmental trends and information of all kinds;
(b) appraise programs and activities of the state government in the light of the policy set forth in 75-1-103;
(c) be conscious of and responsive to the scientific, economic, social, aesthetic, and cultural needs and interests of the state; and
(d) formulate and recommend state policies to promote the improvement of the quality of the environment.
(2) At least 50% of the members appointed pursuant to 5-16-101(2) must be selected from the standing committees that consider issues within the jurisdiction of the environmental quality council.
History: En. Sec. 8, Ch. 238, L. 1971; amd. Sec. 1, Ch. 492, L. 1975; amd. Sec. 1, Ch. 204, L. 1977; R.C.M. 1947, 69-6508(part); amd. Sec. 36, Ch. 19, L. 1999.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 16. Environmental Quality Council › Part 1. Composition, Terms, and Officers › 5-16-103. Term of office

5-16-103. Term of office.
The terms of office of all council members are 2 years and terminate upon appointment of a new council before the 50th legislative day.
History: En. Sec. 9, Ch. 238, L. 1971; amd. Sec. 2, Ch. 492, L. 1975; R.C.M. 1947, 69-6509(1); amd. Sec. 1, Ch. 390, L. 2015.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 16. Environmental Quality Council › Part 1. Composition, Terms, and Officers › 5-16-104. Vacancies

5-16-104. Vacancies.
(1) A vacancy on the council of a member appointed under 5-16-101(2) occurring when the legislature is not in session must be filled by the selection of a member of the legislature by the same method as the original appointment. If there is a vacancy on the committee at the beginning of a legislative session because a member's term of office as a legislator has ended, a member of the same political party must be appointed in the same manner as the original appointment, no later than the 10th legislative day, to serve until a successor is appointed under 5-16-101.
(2) When a vacancy on the council of a member appointed under 5-16-101(3) has occurred or is expected to occur, the appointing authority shall post a notice by electronic means announcing the actual or anticipated vacancy and describing the procedure for applying for appointment.
History: En. Sec. 8, Ch. 238, L. 1971; amd. Sec. 1, Ch. 492, L. 1975; amd. Sec. 1, Ch. 204, L. 1977; R.C.M. 1947, 69-6508(part); amd. Sec. 2, Ch. 142, L. 1987; amd. Sec. 50, Ch. 545, L. 1995; amd. Sec. 2, Ch. 289, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 16. Environmental Quality Council › Part 1. Composition, Terms, and Officers › 5-16-105. Officers

5-16-105. Officers.
The council shall elect one of its members as presiding officer and other officers that it determines necessary. An officer is elected for a term of 2 years.
History: En. Sec. 9, Ch. 238, L. 1971; amd. Sec. 2, Ch. 492, L. 1975; R.C.M. 1947, 69-6509(2); amd. Sec. 262, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 17. Capitol Building and Planning -- Restoration (Renumbered and Repealed) › Part 1. Capitol Building and Planning Committee (Renumbered and Repealed) › 5-17-101. Repealed

5-17-101. Repealed.
Sec. 6, Ch. 7, L. 1993.
History: En. Sec. 1, Ch. 141, L. 1979; amd. Sec. 1, Ch. 608, L. 1981; amd. Sec. 4, Ch. 700, L. 1983; amd. Sec. 1, Ch. 56, L. 1987.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 17. Capitol Building and Planning -- Restoration (Renumbered and Repealed) › Part 1. Capitol Building and Planning Committee (Renumbered and Repealed) › 5-17-102. Renumbered 5-11-115

5-17-102. Renumbered 5-11-115.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 17. Capitol Building and Planning -- Restoration (Renumbered and Repealed) › Part 1. Capitol Building and Planning Committee (Renumbered and Repealed) › 5-17-103. Renumbered 5-11-116

5-17-103. Renumbered 5-11-116.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 17. Capitol Building and Planning -- Restoration (Renumbered and Repealed) › Part 1. Capitol Building and Planning Committee (Renumbered and Repealed) › 5-17-104. Repealed

5-17-104. Repealed.
Sec. 6, Ch. 7, L. 1993.
History: En. Sec. 4, Ch. 141, L. 1979.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 17. Capitol Building and Planning -- Restoration (Renumbered and Repealed) › Part 2. Capitol Restoration Commission (Repealed) › 5-17-201. Repealed

5-17-201. Repealed.
Sec. 1, Ch. 16, L. 2005.
History: En. Sec. 1, Ch. 689, L. 1991.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 17. Capitol Building and Planning -- Restoration (Renumbered and Repealed) › Part 2. Capitol Restoration Commission (Repealed) › 5-17-202. Repealed

5-17-202. Repealed.
Sec. 1, Ch. 16, L. 2005.
History: En. Sec. 2, Ch. 689, L. 1991; amd. Sec. 9, Ch. 10, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 17. Capitol Building and Planning -- Restoration (Renumbered and Repealed) › Part 2. Capitol Restoration Commission (Repealed) › 5-17-203. Repealed

5-17-203. Repealed.
Sec. 1, Ch. 16, L. 2005.
History: En. Sec. 3, Ch. 689, L. 1991.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 17. Capitol Building and Planning -- Restoration (Renumbered and Repealed) › Part 2. Capitol Restoration Commission (Repealed) › 5-17-204. Repealed

5-17-204. Repealed.
Sec. 1, Ch. 16, L. 2005.
History: En. Sec. 7, Ch. 689, L. 1991.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 17. Capitol Building and Planning -- Restoration (Renumbered and Repealed) › Part 2. Capitol Restoration Commission (Repealed) › 5-17-205. Repealed

5-17-205. Repealed.
Sec. 1, Ch. 16, L. 2005.
History: En. Sec. 5, Ch. 689, L. 1991; amd. Sec. 26, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 17. Capitol Building and Planning -- Restoration (Renumbered and Repealed) › Part 2. Capitol Restoration Commission (Repealed) › 5-17-206. Repealed

5-17-206. Repealed.
Sec. 1, Ch. 16, L. 2005.
History: En. Sec. 4, Ch. 689, L. 1991.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 17. Capitol Building and Planning -- Restoration (Renumbered and Repealed) › Part 2. Capitol Restoration Commission (Repealed) › 5-17-207. Repealed

5-17-207. Repealed.
Sec. 1, Ch. 16, L. 2005.
History: En. Sec. 6, Ch. 689, L. 1991; amd. Sec. 1, Ch. 191, L. 1995.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 17. Capitol Building and Planning -- Restoration (Renumbered and Repealed) › Part 3. Pearl Harbor Memorial Committee (Repealed) › 5-17-301. Repealed

5-17-301. Repealed.
Sec. 5, Ch. 25, L. 2005.
History: En. Sec. 1, Ch. 75, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 17. Capitol Building and Planning -- Restoration (Renumbered and Repealed) › Part 3. Pearl Harbor Memorial Committee (Repealed) › 5-17-302. Repealed

5-17-302. Repealed.
Sec. 5, Ch. 25, L. 2005.
History: En. Sec. 2, Ch. 75, L. 1993; amd. Sec. 5, Ch. 75, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 17. Capitol Building and Planning -- Restoration (Renumbered and Repealed) › Part 3. Pearl Harbor Memorial Committee (Repealed) › 5-17-303. Repealed

5-17-303. Repealed.
Sec. 5, Ch. 25, L. 2005.
History: En. Sec. 3, Ch. 75, L. 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 18. Revenue and Transportation Interim Committee (Repealed) › Part 1. Powers and Duties (Repealed) › 5-18-101. Repealed

5-18-101. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 1, Ch. 268, L. 1979.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 18. Revenue and Transportation Interim Committee (Repealed) › Part 1. Powers and Duties (Repealed) › 5-18-102. Repealed

5-18-102. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 2, Ch. 268, L. 1979.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 18. Revenue and Transportation Interim Committee (Repealed) › Part 1. Powers and Duties (Repealed) › 5-18-103. Repealed

5-18-103. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 3, Ch. 268, L. 1979.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 18. Revenue and Transportation Interim Committee (Repealed) › Part 1. Powers and Duties (Repealed) › 5-18-104. Repealed

5-18-104. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 4, Ch. 268, L. 1979.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 18. Revenue and Transportation Interim Committee (Repealed) › Part 1. Powers and Duties (Repealed) › 5-18-105. Repealed

5-18-105. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 5, Ch. 268, L. 1979.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 18. Revenue and Transportation Interim Committee (Repealed) › Part 1. Powers and Duties (Repealed) › 5-18-106. Repealed

5-18-106. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 6, Ch. 268, L. 1979.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 18. Revenue and Transportation Interim Committee (Repealed) › Part 1. Powers and Duties (Repealed) › 5-18-107. Repealed

5-18-107. Repealed.
Sec. 137, Ch. 114, L. 2003.
History: En. Sec. 7, Ch. 268, L. 1979; amd. Sec. 2, Ch. 572, L. 1989; amd. Sec. 3, Ch. 608, L. 1989; amd. Sec. 1, Ch. 603, L. 1991; amd. Sec. 2, Ch. 40, L. 1993; amd. Sec. 3, Ch. 302, L. 1993; amd. Sec. 27, Ch. 42, L. 1997; amd. Sec. 37, Ch. 19, L. 1999; amd. Sec. 2, Ch. 46, L. 1999.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 18. Revenue and Transportation Interim Committee (Repealed) › Part 1. Powers and Duties (Repealed) › 5-18-108. Repealed

5-18-108. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 8, Ch. 268, L. 1979.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 18. Revenue and Transportation Interim Committee (Repealed) › Part 1. Powers and Duties (Repealed) › 5-18-109. Repealed

5-18-109. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 9, Ch. 268, L. 1979.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 18. Revenue and Transportation Interim Committee (Repealed) › Part 1. Powers and Duties (Repealed) › 5-18-110. Repealed

5-18-110. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 10, Ch. 268, L. 1979.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 18. Revenue and Transportation Interim Committee (Repealed) › Part 1. Powers and Duties (Repealed) › 5-18-115. Repealed

5-18-115. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 4, Ch. 13, L. 1989; amd. Sec. 3, Ch. 27, Sp. L. November 1993.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 18. Revenue and Transportation Interim Committee (Repealed) › Part 2. Coal Tax Oversight Subcommittee (Repealed) › 5-18-201. Repealed

5-18-201. Repealed.
Sec. 3, Ch. 40, L. 1993.
History: En. Sec. 1, Ch. 695, L. 1983.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 18. Revenue and Transportation Interim Committee (Repealed) › Part 2. Coal Tax Oversight Subcommittee (Repealed) › 5-18-202. Repealed

5-18-202. Repealed.
Sec. 3, Ch. 40, L. 1993.
History: En. Sec. 1, Ch. 695, L. 1983.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 18. Revenue and Transportation Interim Committee (Repealed) › Part 2. Coal Tax Oversight Subcommittee (Repealed) › 5-18-203. Repealed

5-18-203. Repealed.
Sec. 3, Ch. 40, L. 1993.
History: En. Sec. 1, Ch. 695, L. 1983; amd. Sec. 2, Ch. 94, L. 1989; amd. Sec. 18, Ch. 112, L. 1991.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 19. Committee on Indian Affairs (Repealed) › Part 1. General Provisions (Repealed) › 5-19-101. Repealed

5-19-101. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 1, Ch. 630, L. 1989.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 19. Committee on Indian Affairs (Repealed) › Part 1. General Provisions (Repealed) › 5-19-102. Repealed

5-19-102. Repealed.
Sec. 49, Ch. 19, L. 1999.
History: En. Sec. 2, Ch. 630, L. 1989; amd. Sec. 1, Ch. 636, L. 1993.