reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-613. Limitations on recall petitions

2-16-613. Limitations on recall petitions.
(1) A recall petition may not name more than one officer to be recalled.
(2) A recall petition against an officer may not be approved for circulation, as required in 2-16-617(3), until an officer has held office for 2 months.
(3) A recall petition may not be filed against an officer for whom a recall election has been held for a period of 2 years during the officer's term of office unless the state or political subdivision or subdivisions financing the recall election are first reimbursed for all expenses of the preceding recall election.
History: (1)En. Sec. 4, I.M. No. 73, approved November 2, 1976; amd. Sec. 4, Ch. 364, L. 1977; Sec. 59-614, R.C.M. 1947; (2), (3)En. Sec. 5, I.M. No. 73, approved November 2, 1976; Sec. 59-615, R.C.M. 1947; R.C.M. 1947, 59-614(part), 59-615; amd. Sec. 1, Ch. 159, L. 1983; amd. Sec. 111, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-614. Number of electors required for recall petition

2-16-614. Number of electors required for recall petition.
(1) Recall petitions for elected or appointed state officers must contain the signatures of qualified electors equaling at least 10% of the number of persons registered to vote at the preceding state general election.
(2) A petition for the recall of a state-district officer must contain the signatures of qualified electors equaling at least 15% of the number of persons registered to vote in the last preceding election in that district.
(3) (a) Except as provided in subsection (3)(b), recall petitions for elected or appointed county officers must contain the signatures of qualified electors equaling at least 15% of the number of persons registered to vote at the preceding county general election.
(b) If a recall petition is for a county commissioner in a county that is divided into commissioner districts pursuant to 7-4-2102, then the petition:
(i) must contain the signatures of qualified electors equaling at least 15% of the number of persons registered to vote at the preceding county general election; and
(ii) must also contain the signatures from at least 15% of the qualified electors residing in that commissioner's commission district.
(4) Recall petitions for elected or appointed officers of municipalities or school districts must contain the signatures of qualified electors equaling at least 20% of the number of persons registered to vote at the preceding election for the municipality or school district.
History: En. Sec. 4, I.M. No. 73, approved November 2, 1976; amd. Sec. 4, Ch. 364, L. 1977; R.C.M. 1947, 59-614(part); amd. Sec. 1, Ch. 308, L. 1979; amd. Sec. 2, Ch. 188, L. 2009.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-615. Filing of recall petitions -- mandamus for refusal

2-16-615. Filing of recall petitions -- mandamus for refusal.
(1) Recall petitions for elected officers shall be filed with the official who is provided by law to accept the declaration of nomination or petition for nomination for such office. Recall petitions for appointed state officers shall be filed with the secretary of state and for appointed county or municipal officers shall be filed with the county election administrator. Recall petitions for appointed officers from other political subdivisions shall be filed with the county election administrator if the boundaries of the political subdivisions lie wholly within one county or otherwise with the secretary of state.
(2) If the secretary of state, county election administrator or other filing official refuses to accept and file any petition for recall with the proper number of signatures of qualified electors, any elector may within 10 days after such refusal apply to the district court for a writ of mandamus. If it is determined that the petition is sufficient, the district court shall order the petition to be filed with a certified copy of the writ attached thereto, as of the date when it was originally offered for filing. On a showing that any filed petition is not sufficient, the court may enjoin certification, printing, or recall election.
(3) All such suits or appeals therefrom shall be advanced on the court docket and heard and decided by the court as expeditiously as possible.
(4) Any aggrieved party may file an appeal within 10 days after any adverse order or decision as provided by law.
History: En. Secs. 6, 12, I.M. No. 73, approved November 2, 1976; R.C.M. 1947, 59-616, 59-623; amd. Sec. 375, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-616. Form of recall petition

2-16-616. Form of recall petition.
(1) The form of the recall petition must be substantially as follows:
WARNING
A person who knowingly signs a name other than the person's own to this petition, who signs the person's name more than once upon a petition to recall the same officer at one election, or who is not, at the time of signing this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, or a fine of $500 or imprisonment in the state prison for a term not to exceed 10 years, or both.
RECALL PETITION
To the Honorable ............, Secretary of State of the State of Montana (or name and office of other filing officer): We, the undersigned qualified electors of the State of Montana (or name of appropriate state-district or political subdivision) respectfully petition that an election be held as provided by law on the question of whether ..............., holding the office of ..............., should be recalled for the following reasons: (Setting out a general statement of the reasons for recall in not more than 200 words). Each signer certifies: I have personally signed this petition; I am a qualified elector of the state of Montana and (name of appropriate political subdivision); and my residence and post-office address are correctly written after my name to the best of my knowledge and belief.
(2) Numbered lines must follow the language in subsection (1). Each numbered line must contain spaces for the signature, post-office address, and printed last name of the signer. Each separate sheet of the petition must contain the heading and reasons for the proposed recall as prescribed in subsection (1).
History: En. Sec. 7, I.M. No. 73, approved November 2, 1976; amd. Sec. 5, Ch. 364, L. 1977; R.C.M. 1947, 59-617; amd. Sec. 112, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-617. Form of circulation sheets

2-16-617. Form of circulation sheets.
(1) The signatures on each petition must be placed on sheets of paper known as circulation sheets. Each circulation sheet must be substantially 8 1/2 x 14 inches or a continuous sheet may be folded so as to meet this size limitation. The circulation sheets must be ruled with a horizontal line 1 1/2 inches from the top of the sheet. The space above the line must remain blank and must be for the purpose of binding.
(2) The petition, for purposes of circulation, may be divided into sections, each section to contain not more than 25 circulation sheets.
(3) Before a petition may be circulated for signatures, a sample circulation sheet must be submitted to the officer with whom the petition must be filed in the form in which it will be circulated. The filing officer shall review the petition for sufficiency as to form and approve or reject the form of the petition, stating the reasons for rejection, within 1 week of receiving the sheet.
(4) The petition form submitted must be accompanied by a written statement containing the reasons for the desired recall as stated on the petition. The truth of purported facts contained in the statement must be sworn to by at least one of the petitioners before a person authorized to administer oaths.
(5) The filing officer shall serially number all approved petitions continuously from year to year.
History: En. Sec. 8, I.M. No. 73, approved November 2, 1976; amd. Sec. 6, Ch. 364, L. 1977; R.C.M. 1947, 59-618; amd. Sec. 113, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-618. Forms not mandatory

2-16-618. Forms not mandatory.
The forms prescribed in this part are not mandatory, and if substantially followed, the petition shall be sufficient, notwithstanding clerical and merely technical errors.
History: En. Sec. 9, I.M. No. 73, approved November 2, 1976; R.C.M. 1947, 59-619.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-619. Submission of circulation sheets -- certification of signatures

2-16-619. Submission of circulation sheets -- certification of signatures.
(1) Signed circulation sheets or sections of a petition for recall must be submitted to the officer responsible for registration of electors in the county in which the signatures were obtained within 3 months of the date the form of the petition was approved under 2-16-617.
(2) An affidavit, in substantially the following form, must be attached to each circulation sheet or section submitted to the county officer:
(Name of person circulating petition), being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe that the signatures on the petition are genuine and are the signatures of the persons whose names they purport to be and that the signers knew the contents of the petition before signing the petition.
.................. (Signature)
Subscribed and sworn before me this .... day of ....,20...
............ (Person authorized to take oaths)
Seal................ (Title or notarial information)
History: En. 59-621 by Sec. 8, Ch. 364, L. 1977; R.C.M. 1947, 59-621; amd. Sec. 4, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-620. County clerk to verify signatures

2-16-620. County clerk to verify signatures.
(1) The county clerk in each county in which a recall petition is signed shall verify and compare the signatures of each person who has signed the petition to ensure that the person is an elector in that county and, if satisfied that the signatures are genuine, shall certify that fact to the officer with whom the recall petition is to be filed, in substantially the following form:
To the Honorable ............, Secretary of State of the State of Montana (or name and title of other officer):
I, ............, ...... (title) of ............ County, certify that I have compared the signatures on ...... sheets (specifying number of sheets) of the petition for recall No. ...... attached, in the manner prescribed by law, and I believe ...... (number) signatures are valid for the purpose of the petition. I further certify that the affidavit of the circulator of the (sheet) (section) of the petition is attached and that the post-office address is completed for each valid signature.
Signed: ...... (Date)........(Signature)
Seal............(Title)
(2) The certificate is prima facie evidence of the facts stated in the certificate, and the secretary of state or other officer receiving the recall petition may consider and count only the signatures that are certified. However, the officer with whom the recall petition is filed shall consider and count any remaining signatures of the registered voters that prove to be genuine, and those signatures must be considered and counted if they are attested to in the manner and form provided for initiative and referendum petitions.
(3) The county clerk and recorder may not retain any portion of a petition for more than 30 days following the receipt of that portion. At the expiration of that period, the county clerk and recorder shall certify the valid signatures on that portion of the petition and deliver the same to the person with whom the petition is required to be filed.
History: En. Sec. 11, I.M. No. 73, approved November 2, 1976; amd. Sec. 9, Ch. 364, L. 1977; R.C.M. 1947, 59-622; amd. Sec. 2, Ch. 159, L. 1983; amd. Sec. 114, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-621. Notification to officer -- statement of justification

2-16-621. Notification to officer -- statement of justification.
Upon filing the petition or a portion of the petition containing the number of valid signatures required under 2-16-614, the official with whom it is filed shall immediately give written notice to the officer named in the petition. The notice must state that a recall petition has been filed, must set forth the reasons contained in the petition, and must notify the officer named in the recall petition that the officer has the right to prepare and have printed on the ballot a statement containing not more than 200 words giving reasons why the officer should not be recalled. A statement of justification may not be printed on the ballot unless it is delivered to the filing official within 10 days of the date notice is given.
History: En. Sec. 14, I.M. No. 73, approved November 2, 1976; R.C.M. 1947, 59-625; amd. Sec. 3, Ch. 159, L. 1983; amd. Sec. 115, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-622. Resignation of officer -- proclamation of election

2-16-622. Resignation of officer -- proclamation of election.
(1) If the officer named in the petition for recall submits a resignation in writing, it must be accepted and become effective 72 hours after it is offered. The vacancy created by the resignation must be filled as provided by law. However, the officer named in the petition for recall may not be appointed to fill the vacancy. If the officer named in the petition for recall refuses to resign or does not resign within 5 days after the petition is filed, an election must be held. If the recall petition was filed between 145 days and 90 days before a general election, the recall election must held at the same time as the general election. If the recall petition was filed more than 145 days or less than 90 days before a general election, a special election must be called.
(2) The call of a special election must be made by the governor in the case of a state or state-district officer or by the board or officer empowered by law to call special elections for a political subdivision in the case of any officer of a political subdivision of the state.
History: En. Sec. 13, I.M. No. 73, approved November 2, 1976; amd. Sec. 10, Ch. 364, L. 1977; R.C.M. 1947, 59-624; amd. Sec. 116, Ch. 61, L. 2007; amd. Sec. 11, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-631. Notice of recall election

2-16-631. Notice of recall election.
The notice of a recall election shall be in substantially the following form:
NOTICE OF RECALL ELECTION
Notice is hereby given pursuant to law that a recall election will be held on .......... (Date) for the purpose of voting upon the recall of ............ who holds the office of ..........
DATED at .........., .......... (Date)
History: En. Sec. 15, I.M. No. 73, approved November 2, 1976; amd. Sec. 11, Ch. 364, L. 1977; R.C.M. 1947, 59-626.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-632. Conduct of special elections

2-16-632. Conduct of special elections.
A special election for recall shall be conducted and the results canvassed and certified in the same manner that the law in effect at the time of the election for recall requires for an election to fill the office that is the subject of the recall petition, except as herein otherwise provided. In the case of an official holding a nonelective office, the election shall be conducted and the results canvassed and certified in the same manner that the law in effect at the time of the election for recall requires for an election to fill the office of the person who has the power to appoint such official. The powers and duties conferred or imposed by law upon boards of election, registration officers, canvassing boards, and other public officials who conduct general elections are conferred and imposed upon similar officers conducting recall elections under the provisions of this section together with the penalties prescribed for the breach thereof.
History: En. Sec. 18, I.M. No. 73, approved November 2, 1976; R.C.M. 1947, 59-629; amd. Sec. 2, Ch. 308, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-633. Form of ballot

2-16-633. Form of ballot.
(1) The ballot at a recall election must set forth the statement contained in the recall petition stating the reasons for demanding the recall of the officer and the officer's statement of reasons why the officer should not be recalled. The question of whether the officer should be recalled must be placed on the ballot in a form similar to the following:
☐ FOR recalling ....... who holds the office of ........
☐ AGAINST recalling ....... who holds the office of ........
(2) The form of the ballot must be approved as provided in the election laws of this state.
History: En. Sec. 16, I.M. No. 73, approved November 2, 1976; amd. Sec. 12, Ch. 364, L. 1977; R.C.M. 1947, 59-627; amd. Sec. 117, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-634. Expenses of election

2-16-634. Expenses of election.
Expenses of a recall election shall be paid in the same manner as the expenses for any other election. The expenditure of such funds constitutes an emergency expenditure of funds, and the political subdivision affected may fund the costs of such an election through emergency funding procedures. In the event a recall election is held for a state or state-district officer, the legislature shall appropriate funds to reimburse the counties involved for costs incurred in running the election.
History: En. Sec. 19, I.M. No. 73, approved November 2, 1976; amd. Sec. 14, Ch. 364, L. 1977; R.C.M. 1947, 59-630.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-635. Officer to remain in office until results declared -- filling of vacancy

2-16-635. Officer to remain in office until results declared -- filling of vacancy.
The officer named in the recall petition continues in office until the officer resigns or the results of the recall election are officially declared. If a majority of those voting on the question vote to remove the officer, the office becomes vacant and the vacancy must be filled as provided by law. However, the officer recalled may not be appointed to fill the vacancy.
History: En. Sec. 17, I.M. No. 73, approved November 2, 1976; amd. Sec. 13, Ch. 364, L. 1977; R.C.M. 1947, 59-628; amd. Sec. 118, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 1. Real Property and Buildings › 2-17-102. Warehouses

2-17-102. Warehouses.
The department of administration may maintain, rent, lease, or construct warehouses.
History: En. Sec. 3, Ch. 197, L. 1921; re-en. Sec. 286, R.C.M. 1921; re-en. Sec. 286, R.C.M. 1935; amd. Sec. 2, Ch. 80, L. 1961; amd. Sec. 59, Ch. 326, L. 1974; R.C.M. 1947, 82-1903.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 1. Real Property and Buildings › 2-17-103. Press room

2-17-103. Press room.
The department of administration may provide space in the capitol for the use of representatives of the press.
History: En. Sec. 1, Ch. 138, L. 1945; R.C.M. 1947, 43-601; amd. Sec. 1, Ch. 439, L. 1983; amd. Sec. 2, Ch. 20, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 1. Real Property and Buildings › 2-17-104. Deductible insurance plan for state buildings and contents -- administration

2-17-104. Deductible insurance plan for state buildings and contents -- administration.
(1) A deductible plan of insurance may be established for use by the state in insuring state buildings and their contents.
(2) The administration of this section shall be placed in the department of administration with the cooperation of the insurance commissioner.
History: En. Secs. 1, 2, Ch. 86, L. 1971; R.C.M. 1947, 78-1102, 78-1103.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 1. Real Property and Buildings › 2-17-105. Insurance on state buildings -- use of proceeds -- building replacement

2-17-105. Insurance on state buildings -- use of proceeds -- building replacement.
(1) Money received by the state as indemnification for damage to state buildings, except buildings procured by the department of transportation by purchase or condemnation for right-of-way purposes, must be deposited in the state special revenue fund. The money is statutorily appropriated, as provided in 17-7-502, for the purposes of subsections (2) and (3).
(2) The money may only be:
(a) used to repair the damaged property;
(b) used to replace the damaged property, subject to the limitations in subsection (3); or
(c) transferred to the fund and account from which the premiums were paid on the policy covering the building. Money transferred in this manner may not be spent by the institution or agency having custody of the damaged property but must be available for future legislative appropriation. If the money is not spent or committed within 2 years from the time that it is received, the money automatically reverts to the fund and account from which the premiums were paid.
(3) If an insured building is totally destroyed or so badly damaged that repair is impractical, the governing board or officer responsible for the building may request that any money received by the state as indemnification for property damage be used to replace the building only if the proposed replacement is designed to be used for the same general purposes as the damaged or destroyed building. If the governing board or officer determines that the building should not be replaced, any money received by the state as indemnification for property damage over and above any outstanding debt on the building must be transferred as provided in subsection (2)(c).
History: En. Sec. 1, Ch. 110, L. 1963; amd. Sec. 23, Ch. 326, L. 1974; R.C.M. 1947, 78-1101; amd. Sec. 1, Ch. 281, L. 1983; amd. Sec. 4, Ch. 703, L. 1985; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 1, Ch. 422, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 1. Real Property and Buildings › 2-17-106. Repealed

2-17-106. Repealed.
Sec. 156, Ch. 370, L. 1987.
History: En. Sec. 1, Ch. 479, L. 1975; R.C.M. 1947, 82-3308.1.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 1. Real Property and Buildings › 2-17-107. State consideration for use of heritage properties

2-17-107. State consideration for use of heritage properties.
(1) (a) Prior to the purchase, lease, or rent of space for state agency purposes, the director of the department involved may request the state historic preservation officer to identify existing properties within the geographical area where the space is needed that:
(i) are heritage properties as defined in 22-3-421 which are listed or eligible to be listed in the register of historic places; and
(ii) may be suitable, either in their existing condition or through repair or alteration, for such purposes.
(b) The state historic preservation officer shall provide the requested information within 30 days.
(2) The director may review and give consideration to the properties identified by the state historic preservation officer unless use of the space would not be feasible and prudent compared with available alternatives.
History: En. Sec. 1, Ch. 257, L. 1983.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 1. Real Property and Buildings › 2-17-112. Fire protection for state-owned buildings -- department of administration

2-17-112. Fire protection for state-owned buildings -- department of administration.
The department of administration shall obtain information necessary to prepare a budget for each biennium for fire protection services for state-owned buildings that present particular firefighting and hazardous materials storage problems. In preparing the budget, the state may consider providing protection directly or contracting for protection with a local fire service and making payments to local governments for fire services provided to state agencies, all of which are subject to appropriation by the legislature.
History: En. 82-3310.1, 82-3310.2 by Secs. 1, 2, Ch. 481, L. 1977; R.C.M. 1947, 82-3310.1, 82-3310.2; amd. Sec. 12, Ch. 575, L. 1981; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 1, Ch. 387, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 1. Real Property and Buildings › 2-17-114. Reservation of space for legislature -- legislative council duties

2-17-114. Reservation of space for legislature -- legislative council duties.
(1) The legislative space on the capitol complex includes:
(a) in the state capitol:
(i) the entire fourth floor, except for common space;
(ii) the entire third floor, including the senate and house chambers, except for common space;
(iii) the entire first floor, except for the post office space and common space; and
(iv) the entire basement level, except for agency storage space, media space, and common space.
(b) the entire old board of health building located at 1301 Lockey avenue;
(c) additional buildings that may be acquired or constructed for the use of the legislative branch; and
(d) the allocated legislative parking area as provided for in 2-17-108.
(2) (a) Except as provided in 2-17-101(3), 2-17-108, and subsection (2)(b) of this section, the legislative council shall exercise control over the legislative space except for the following:
(i) the capitol complex advisory council and the department responsibilities for the legislative space as provided for in Title 2, chapter 17, part 8; and
(ii) department control of:
(A) central utility functions, including but not limited to mechanical and electronic functions and the electric core of the capitol and the legislative space;
(B) the state telecommunications network;
(C) custodial care, maintenance, and security pursuant to 2-17-811 for the legislative space; and
(D) network infrastructure.
(b) Except as provided for in 2-17-108, legislative council, with consultation of the legislative audit committee and the legislative finance committee, shall exercise control over the:
(i) long-range legislative branch capital development plan;
(ii) allocation of legislative space;
(iii) remodeling, alteration, or improvement of legislative space as provided for in 2-17-811;
(iv) purchase, lease, or construction of legislative space; and
(v) allocation of legislative parking area space as provided in 2-17-108.
History: En. Sec. 3, Ch. 762, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 1. Real Property and Buildings › 2-17-115. Reservation of space for executive branch

2-17-115. Reservation of space for executive branch.
(1) The executive branch space on the capitol complex includes:
(a) in the capitol, the entire second floor;
(b) the capitol south oval lot, except the five reserved spaces for the legislature; and
(c) except as provided for in subsection (2), 10 permanent year-round parking spaces on the south side capitol north circle lot adjacent to the capitol building reserved as executive branch space.
(2) From December 1 in an even-numbered year through the 7th day after sine die of a session, one of the executive branch parking spaces provided for in subsection (1)(c) that is occupied by the secretary of state must revert to the speaker of the house of representatives.
History: En. Sec. 4, Ch. 762, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 1. Real Property and Buildings › 2-17-135. Lease or exchange of historic property

2-17-135. Lease or exchange of historic property.
(1) A state agency, after consultation with the state historic preservation officer, shall, to the extent practicable, establish and implement alternatives for historic properties, including adaptive uses, that are not needed for current or projected agency purposes. A state agency may lease a historic property owned by the state agency to any person or organization or exchange any property owned by the state agency for comparable historic property if the state agency head determines that the lease or exchange will adequately ensure the preservation of the historic property. If the consent of the board of land commissioners is required for a property exchange, the state agency must receive approval from the board prior to completing an exchange.
(2) The proceeds of any lease under subsection (1) may be retained by the state agency entering into the lease and used to defray the costs of administration, maintenance, repair, and related expenses incurred by the state agency with respect to the property or other historic properties that are owned by, or are under the jurisdiction or control of, the state agency. Any surplus proceeds from the leases must be deposited into the appropriate fund at the end of the fiscal year in which the proceeds were received.
(3) The head of a state agency with responsibility for the management of a historic property may, after consultation with the state historic preservation officer, enter into contracts for the management of the property. A contract must contain terms and conditions that the head of the state agency considers necessary or appropriate to protect the interests of the state and ensure adequate preservation of the historic property.
(4) As used in this section, "state agency" means a department, board, commission, office, bureau, or other public authority of state government.
History: En. Sec. 1, Ch. 217, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 2. Property and Supplies › 2-17-201. Inspection of property and warehouses

2-17-201. Inspection of property and warehouses.
The warehouses, supplies, furnishings, and property of all kinds used in and about the business of the state is subject at all times to the inspection of the department of administration and any officer or employee of any agency.
History: En. Sec. 13, Ch. 66, L. 1923; re-en. Sec. 293.13, R.C.M. 1935; amd. Sec. 78, Ch. 326, L. 1974; R.C.M. 1947, 82-1923.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 2. Property and Supplies › 2-17-202. Inventory -- property to be charged to receiving agency

2-17-202. Inventory -- property to be charged to receiving agency.
(1) Each person in charge of any state property shall, upon request of the department of administration, furnish a sworn statement of all personal property in the person's possession or under the person's charge belonging to the state, together with an estimate of its value. The person shall furnish any other information in connection with the statement that the department requires.
(2) Each state department, office, board, commission, and institution must be charged with all items of personal property and all other personal property placed at the disposal of the state department, office, board, commission, or institution and must be credited with all worn out, used, lost, injured, or destroyed property from time to time as reported to the department of administration. The entity is responsible for all items of personal property not accounted for. Property may be accounted for as provided in 18-6-101.
History: (1)En. Sec. 1, Ch. 66, L. 1923; re-en. Sec. 293.1, R.C.M. 1935; amd. Sec. 66, Ch. 326, L. 1974; Sec. 82-1911, R.C.M. 1947; (2)En. Sec. 2, Ch. 66, L. 1923; re-en. Sec. 293.2, R.C.M. 1935; Sec. 82-1912, R.C.M. 1947; R.C.M. 1947, 82-1911, 82-1912(part); amd. Sec. 1, Ch. 441, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 3. Mailing and Copying › 2-17-301. Supervision of mailing and copying facilities

2-17-301. Supervision of mailing and copying facilities.
(1) The department of administration shall maintain and supervise any central mailing, messenger service, and copying facilities for state agencies in the capitol area. The central mailing, messenger service, and copying facilities must be capable of supporting state agencies within a 10-mile radius of the capitol.
(2) Cost records must be maintained, and agencies must be billed for services received.
(3) The department of administration shall plan, review, and approve any additional installations of mail equipment for state agencies within a 10-mile radius of the capitol. In approving the installation of additional equipment or systems, the department shall first consult with and consider the recommendations and advice of the department heads of the various state agencies.
History: (1), (3)En. Sec. 6, Ch. 271, L. 1963; amd. Sec. 1, Ch. 298, L. 1967; amd. Sec. 3, Ch. 101, L. 1969; amd. Sec. 2, Ch. 313, L. 1971; amd. Sec. 80, Ch. 326, L. 1974; Sec. 82-3306, R.C.M. 1947; (2)En. Sec. 7, Ch. 271, L. 1963; amd. Sec. 98, Ch. 326, L. 1974; Sec. 82-3307, R.C.M. 1947; R.C.M. 1947, 82-3306, 82-3307; amd. Sec. 1, Ch. 486, L. 1983; amd. Sec. 26, Ch. 313, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 3. Mailing and Copying › 2-17-302. Repealed

2-17-302. Repealed.
Sec. 43, Ch. 313, L. 2001.
History: En. Sec. 3, Ch. 230, L. 1971; amd. Sec. 6, Ch. 215, L. 1974; amd. Sec. 86, Ch. 326, L. 1974; amd. Sec. 1, Ch. 315, L. 1975; amd. Sec. 1, Ch. 341, L. 1977; R.C.M. 1947, 82-3325; amd. Sec. 1, Ch. 307, L. 1983; amd. Sec. 1, Ch. 42, L. 1987; amd. Sec. 1, Ch. 2, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 3. Mailing and Copying › 2-17-304. Repealed

2-17-304. Repealed.
Sec. 43, Ch. 313, L. 2001.
History: En. Sec. 7, Ch. 230, L. 1971; amd. Sec. 87, Ch. 326, L. 1974; R.C.M. 1947, 82-3329.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 3. Mailing and Copying › 2-17-305. Repealed

2-17-305. Repealed.
Sec. 43, Ch. 313, L. 2001.
History: En. Sec. 8, Ch. 230, L. 1971; R.C.M. 1947, 82-3330.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 3. Mailing and Copying › 2-17-321. Repealed

2-17-321. Repealed.
Sec. 43, Ch. 313, L. 2001.
History: En. Sec. 1, Ch. 268, L. 1989; amd. Sec. 1, Ch. 440, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-401. Title to motor vehicles

2-17-401. Title to motor vehicles.
The legal title to state-owned motor vehicles shall be held in the name of the state only, and all agencies holding title to motor vehicles are hereby required to transfer the same to the state. In instances where such transfer would affect the federal funding of the agency involved, the agency transferring a vehicle in accordance with this part shall be reimbursed in the amount of the fair value of the vehicle transferred necessary to assure continued participation in federal funding of the program.
History: En. Sec. 1, Ch. 320, L. 1971; amd. Sec. 173, Ch. 316, L. 1974; amd. Sec. 1, Ch. 355, L. 1974; R.C.M. 1947, 53-514(part).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-402. Seal on motor vehicles

2-17-402. Seal on motor vehicles.
A motor vehicle owned by the state must have a seal, logo, or other form of state ownership identification placed upon the vehicle.
History: En. Sec. 3, Ch. 320, L. 1971; amd. Sec. 175, Ch. 316, L. 1974; amd. Sec. 3, Ch. 355, L. 1974; R.C.M. 1947, 53-516; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 1, Ch. 535, L. 1991; amd. Sec. 1, Ch. 431, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-403. Requisitions for purchases

2-17-403. Requisitions for purchases.
All requisitions for motor vehicle purchases must be submitted to the department of administration in the manner that the department specifies.
History: En. Sec. 6, Ch. 320, L. 1971; amd. Sec. 178, Ch. 316, L. 1974; amd. Sec. 6, Ch. 355, L. 1974; R.C.M. 1947, 53-519(1); amd. Sec. 2, Ch. 181, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-411. Motor pool -- department of transportation -- exceptions

2-17-411. Motor pool -- department of transportation -- exceptions.
(1) The department of transportation's motor pool is responsible for the acquisition, operation, maintenance, repair, and administration of all motor vehicles in the custody of the motor pool.
(2) Except as provided in 2-17-425, this part does not apply to a motor vehicle used in the service of the governor or the attorney general.
(3) This part does not apply to a motor vehicle used in the service of the highway patrol.
History: (1)En. Sec. 1, Ch. 320, L. 1971; amd. Sec. 173, Ch. 316, L. 1974; amd. Sec. 1, Ch. 355, L. 1974; Sec. 53-514, R.C.M. 1947; (2)En. Sec. 7, Ch. 320, L. 1971; amd. Sec. 179, Ch. 316, L. 1974; Sec. 53-520, R.C.M. 1947; R.C.M. 1947, 53-514(part), 53-520; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 2, Ch. 535, L. 1991; amd. Sec. 2, Ch. 431, L. 1999; amd. Sec. 2, Ch. 463, L. 2009.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-412. Assignment and transfer

2-17-412. Assignment and transfer.
(1) The department of transportation may assign the use of state-owned or leased motor vehicles under its control to state officers, state agencies, or employees of state agencies.
(2) All motor vehicles in the custody of the department of transportation that are not placed under custody of the department by 2-17-411 must be equitably transferred to the custody of those agencies that have need of vehicles as demonstrated by use records.
History: (1)En. Sec. 2, Ch. 320, L. 1971; amd. Sec. 174, Ch. 316, L. 1974; amd. Sec. 2, Ch. 355, L. 1974; Sec. 53-515, R.C.M. 1947; (2)En. 53-519.1 by Sec. 7, Ch. 355, L. 1974; Sec. 53-519.1, R.C.M. 1947; R.C.M. 1947, 53-515(part), 53-519.1; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 3, Ch. 535, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-413. Repealed

2-17-413. Repealed.
Sec. 6, Ch. 431, L. 1999.
History: En. 53-519.2 by Sec. 8, Ch. 355, L. 1974; R.C.M. 1947, 53-519.2; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 4, Ch. 535, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-414. State vehicles to use ethanol-blended gasoline -- definition

2-17-414. State vehicles to use ethanol-blended gasoline -- definition.
(1) A department, agency, institution, office, board, and commission of the executive, legislative, and judicial branches of state government and a state institution of higher education owning or operating a motor vehicle capable of burning ethanol-blended gasoline shall take all reasonable steps to ensure that the operators of those vehicles use ethanol-blended gasoline in the vehicles if ethanol-blended gasoline is commercially available within the operating area of the vehicle and is priced competitively with the gasoline otherwise used by the vehicle.
(2) For purposes of this section, "ethanol-blended gasoline" means a fuel mixture of gasoline and ethanol produced from agricultural products, including grain and wood or wood products, and that is used for the purpose of effectively and efficiently operating internal combustion engines.
(3) An entity subject to the requirements of subsection (1) may not take any disciplinary, judicial, administrative, or other adverse action against the operator of a motor vehicle for failing to purchase ethanol-blended gasoline for the operation of the motor vehicle.
History: En. Sec. 1, Ch. 462, L. 1991; amd. Sec. 1, Ch. 70, L. 1999; amd. Sec. 1, Ch. 100, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-415. Definitions

2-17-415. Definitions.
As used in 2-17-415 through 2-17-418, the following definitions apply:
(1) "Agency" has the meaning provided in 2-15-102, but does not include the office of the governor, the attorney general, or the highway patrol.
(2) "CAFE standard" means the average fuel economy standard as provided in 49 U.S.C. 32904.
(3) "Department" means the department of administration provided for in 2-15-1001.
(4) "Director" means the director of the department.
(5) "Vehicle fleet" means all state vehicles that are owned by the state of Montana except those used in the service of the governor, the attorney general, or the highway patrol.
History: En. Sec. 1, Ch. 470, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-416. Fuel economy standards -- exceptions

2-17-416. Fuel economy standards -- exceptions.
(1) The department shall, in coordination with a designated representative in each agency that purchases new vehicles, develop a plan to ensure that each vehicle purchased on or after January 1, 2008, meets or exceeds the CAFE standard.
(2) The director may exempt certain vehicles from the CAFE standard that meet any one of the following conditions:
(a) vehicles that are used primarily in off-road use;
(b) vehicles used for road construction and maintenance;
(c) vehicles used for maintenance, construction, or groundskeeping;
(d) vehicles used primarily for moving and distributing large items or a large quantity of items;
(e) vehicles with a manufacturer-stated seating capacity of more than six persons; or
(f) vehicles using alternative fuels.
History: En. Sec. 2, Ch. 470, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-417. Vehicle fleet energy conservation plan

2-17-417. Vehicle fleet energy conservation plan.
(1) Before January 1, 2008, each agency shall develop and implement a program to reduce the fuel consumption of any agency vehicle, other than those vehicles listed in 2-17-416(2), including:
(a) fuel consumption, miles traveled, and vehicle fleet fuel economy;
(b) car pooling and van pooling requirements for state employees when feasible; and
(c) options for cost-effective use of technologies that allow for a reduction in the number of car and van trips.
(2) Each agency shall include materials relating to travel conservation measures in new employee orientation and training materials.
History: En. Sec. 3, Ch. 470, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-418. Agency records on fuel efficiency measures

2-17-418. Agency records on fuel efficiency measures.
Each agency shall keep adequate records to demonstrate compliance with the provisions of 2-17-416 and 2-17-417.
History: En. Sec. 4, Ch. 470, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-421. Use -- state business only -- exception -- compensation for driving personal vehicle -- penalty for private use

2-17-421. Use -- state business only -- exception -- compensation for driving personal vehicle -- penalty for private use.
(1) Except as provided in 2-17-424, a state officer or state employee may not use a state-owned or leased motor vehicle for personal use nor be compensated for driving a personal motor vehicle unless that motor vehicle is used on state business.
(2) Except for vehicles that have been approved for confidential license plates by the attorney general in accordance with 44-4-201, a decal must be affixed to the windshield of each state-owned or leased vehicle, with the following information contained on the decal:
"Any officer or employee of state government who uses or authorizes the use of any state-owned or leased motor vehicle in violation of the acceptable use rules provided for in 2-17-424 may be removed from office by the head of the department or establishment concerned."
(3) The head of a department or agency may terminate the employment of any state employee using state-owned or leased vehicles for personal use in violation of the rules provided for in 2-17-424.
History: En. Sec. 4, Ch. 320, L. 1971; amd. Sec. 176, Ch. 316, L. 1974; amd. Sec. 4, Ch. 355, L. 1974; R.C.M. 1947, 53-517; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 5, Ch. 535, L. 1991; amd. Sec. 2, Ch. 226, L. 1999; amd. Sec. 3, Ch. 431, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-422. Operating history

2-17-422. Operating history.
Each state agency shall maintain motor vehicle operating history records for motor vehicles under control of the agency. These records must show the purchase price of the vehicle and the items of expense incurred in the operation of the vehicle, including the expenses of gas, oil, repairs, labor, storage, and service. A complete summary of the operating cost and history record of all state-owned or leased vehicles and trucks must be prepared for each fiscal year.
History: En. Sec. 6, Ch. 320, L. 1971; amd. Sec. 178, Ch. 316, L. 1974; amd. Sec. 6, Ch. 355, L. 1974; R.C.M. 1947, 53-519(2); amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 6, Ch. 535, L. 1991; amd. Sec. 4, Ch. 431, L. 1999.