reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 6. Bonds of State Officers and Employees › 2-9-603. Purchase

2-9-603. Purchase.
(1) The department of administration shall purchase all surety bonds for state officers and employees.
(2) All bonds shall be purchased by competitive bid.
(3) Bonds purchased by the department of administration shall be executed by responsible insurance or surety companies admitted and authorized to execute surety bonds in this state.
History: (1)En. Sec. 1, Ch. 177, L. 1965; amd. Sec. 98, Ch. 326, L. 1974; Sec. 6-105, R.C.M. 1947; (2)En. Sec. 2, Ch. 177, L. 1965; amd. Sec. 1, Ch. 326, L. 1974; Sec. 6-106, R.C.M. 1947; (3)En. Sec. 3, Ch. 177, L. 1965; amd. Sec. 98, Ch. 326, L. 1974; Sec. 6-107, R.C.M. 1947; R.C.M. 1947, 6-105(part), 6-106(part), 6-107.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 6. Bonds of State Officers and Employees › 2-9-604. Proration of bond premiums

2-9-604. Proration of bond premiums.
(1) The department of administration shall prorate the premiums for bonds covering more than one state agency or institution among the state agencies and institutions whose officers and employees are covered. Such proration shall be based on the risk of bonding the officers and employees of each agency or institution.
(2) The department of administration shall order payment of the prorated amount from moneys which are available to such agencies or institutions for the payment of general administrative expenses.
History: En. Sec. 4, Ch. 177, L. 1965; amd. Sec. 98, Ch. 326, L. 1974; R.C.M. 1947, 6-108.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 7. Bonds of County Officers and Employees › 2-9-701. County officers and employees to be bonded

2-9-701. County officers and employees to be bonded.
(1) All elected and appointed county officers and employees must be bonded for the faithful performance of all official duties required by law.
(2) A bond may cover an individual officer or employee, or a blanket bond may cover all officers and employees or any group or combination of county officers and employees.
History: En. Secs. 1, 2, 6, 7, Ch. 68, L. 1967; R.C.M. 1947, 6-203(part), 6-204(part), 6-208, 6-209; amd. Sec. 2, Ch. 209, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 7. Bonds of County Officers and Employees › 2-9-702. Amount

2-9-702. Amount.
The amount for which a county officer or employee must be bonded must be based on the amount of money or property handled and the opportunity for defalcation.
History: (1)En. Sec. 2, Ch. 68, L. 1967; Sec. 6-204, R.C.M. 1947; (2)En. Sec. 3, Ch. 68, L. 1967; amd. Sec. 46, Ch. 348, L. 1974; amd. Sec. 7, Ch. 213, L. 1975; Sec. 6-205, R.C.M. 1947; R.C.M. 1947, 6-204(part), 6-205; amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 3, Ch. 179, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 7. Bonds of County Officers and Employees › 2-9-703. Purchase

2-9-703. Purchase.
(1) The board of county commissioners shall purchase all surety bonds for county officers and employees.
(2) Bonds purchased by the board of county commissioners must be executed by responsible insurance or surety companies authorized and admitted to execute surety bonds in this state or by a self-insurance pool insuring counties as authorized by 2-9-211.
History: En. Secs. 1, 2, 4, Ch. 68, L. 1967; R.C.M. 1947, 6-203(part), 6-204(part), 6-206; amd. Sec. 3, Ch. 209, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 7. Bonds of County Officers and Employees › 2-9-704. Premiums charged against budgets

2-9-704. Premiums charged against budgets.
The premiums for all surety company bonds shall be a proper charge against the budgets of the county general fund or against the budget or budgets of those county funds where the officer or employee renders service.
History: En. Sec. 5, Ch. 68, L. 1967; R.C.M. 1947, 6-207.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 7. Bonds of County Officers and Employees › 2-9-711. Repealed

2-9-711. Repealed.
Sec. 7, Ch. 209, L. 2005.
History: En. Sec. 431, p. 130, Bannack Stat.; re-en. Sec. 591, p. 156, Cod. Stat. 1871; re-en. Sec. 516, p. 176, L. 1877; re-en. Sec. 516, 1st Div. Rev. Stat. 1879; re-en. Sec. 533, 1st Div. Comp. Stat. 1887; amd. Sec. 1898, C. Civ. Proc. 1895; re-en. Sec. 7191, Rev. C. 1907; re-en. Sec. 9824, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1055; re-en. Sec. 9824, R.C.M. 1935; R.C.M. 1947, 93-8709.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 8. Bonds of City Officers and Employees › 2-9-801. Application to commission and commission-manager forms of government

2-9-801. Application to commission and commission-manager forms of government.
This part applies to the bonding of all elected or appointed officers and employees under the commission form of city government and to the commission-manager form of city government.
History: En. Sec. 8, Ch. 67, L. 1967; R.C.M. 1947, 6-608.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 8. Bonds of City Officers and Employees › 2-9-802. Bonds -- amount

2-9-802. Bonds -- amount.
All elected or appointed city or town officers and employees must be bonded in the amount required by ordinance. The amount for which a city or town officer or employee must be bonded must be based on the amount of money or property handled and the opportunity for defalcation.
History: (1)En. Sec. 2, Ch. 67, L. 1967; Sec. 6-602, R.C.M. 1947; (2)En. Sec. 3, Ch. 67, L. 1967; amd. Sec. 47, Ch. 348, L. 1974; amd. Sec. 8, Ch. 213, L. 1975; Sec. 6-603, R.C.M. 1947; R.C.M. 1947, 6-602(part), 6-603; amd. Sec. 7, Ch. 274, L. 1981; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 4, Ch. 179, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 8. Bonds of City Officers and Employees › 2-9-803. City and town officers and employees to be bonded

2-9-803. City and town officers and employees to be bonded.
(1) A bond may cover an individual officer or employee or a blanket bond may cover all officers and employees or any group or combination of officers and employees.
(2) All elected and appointed city or town officers or employees must be bonded for the faithful performance of all official duties required by law.
History: En. Secs. 1, 5, 6, Ch. 67, L. 1967; R.C.M. 1947, 6-601(part), 6-605, 6-606; amd. Sec. 4, Ch. 209, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 8. Bonds of City Officers and Employees › 2-9-804. Purchase -- responsible surety

2-9-804. Purchase -- responsible surety.
(1) The city or town council or commissioners shall purchase all surety bonds for city officers and employees.
(2) Bonds purchased by the city or town council or commission must be executed by responsible insurance or surety companies authorized and admitted to execute surety bonds in this state or by a self-insurance pool insuring cities or towns as authorized under 2-9-211.
History: En. Secs. 1, 2, 4, Ch. 67, L. 1967; R.C.M. 1947, 6-601(part), 6-602(part), 6-604; amd. Sec. 39, Ch. 278, L. 2001; amd. Sec. 5, Ch. 209, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 8. Bonds of City Officers and Employees › 2-9-805. Premiums -- charge against budget

2-9-805. Premiums -- charge against budget.
The premiums for all surety company bonds shall be a proper charge against the budget or budgets of the city or town general fund or against the budget or budgets of those city or town funds where the officer or employee renders service.
History: En. Sec. 7, Ch. 67, L. 1967; R.C.M. 1947, 6-607.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 9. Limitations on Liability Relating to Covid-19 › 2-9-901. Definitions

2-9-901. (Temporary) Definitions.
As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Covid-19" means the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating from it, and conditions associated with the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating from it.
(2) "Government entity" means the state and political subdivisions, including but not limited to:
(a) political subdivisions as defined in 2-9-101(5);
(b) the legislature, legislative committees, and legislators acting in their official capacity; and
(c) employees of the state or a political subdivision.
(3) "Health care provider" means a health care professional, whether the health care professional works for a health care provider or a government health care provider, health care facility, home health care facility, assisted living facility, or any other person or facility otherwise authorized or permitted by any federal or state statute, regulation, order, or public health guidance to administer health care services or treatment.
(4) "Person" means an individual, corporation, nonprofit corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, place of worship, personal representative, trustee, government entity, or any other legal or commercial entity.
(5) "Premises" includes any real property and any appurtenant building or structure, as well as any other location, vehicle, or place serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose.
(6) "Public health guidance" includes guidance related to covid-19 issued by the following:
(a) the centers for disease control and prevention of the United States department of health and human services;
(b) the centers for medicare and medicaid services of the United States department of health and human services;
(c) the federal occupational safety and health administration;
(d) the office of the governor;
(e) a state agency, including the Montana department of public health and human services; or
(f) a local government, including a local government health department or local government board of health. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)
History: En. Sec. 1, Ch. 516, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 9. Limitations on Liability Relating to Covid-19 › 2-9-902. Liability

2-9-902. (Temporary) Liability.
Except as provided in 2-9-903 through 2-9-906, a government entity is not liable for civil damages for injuries or death from or relating to exposure or potential exposure to covid-19 unless the civil action involves an act or omission that constitutes gross negligence, willful and wanton misconduct, or intentional tort. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)
History: En. Sec. 2, Ch. 516, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 9. Limitations on Liability Relating to Covid-19 › 2-9-903. Duty of care -- limited liability

2-9-903. (Temporary) Duty of care -- limited liability.
(1) A government entity that possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, is not liable for civil damages for injuries or death sustained from the individual's exposure to covid-19, whether the exposure occurs on a premises or during an activity managed by the person who possesses or is in control of a premises, unless the civil action involves an act or omission that constitutes gross negligence, willful and wanton misconduct, or intentional tort.
(2) The standard established in subsection (1) applies in landlord-tenant claims made under 70-24-303(1)(b) through (1)(d) for injuries or death sustained from an individual's exposure to covid-19.
(3) The standard established in subsection (1) is not violated by:
(a) a school district admitting students and up to six guests for each student to an extracurricular event including a graduation ceremony; or
(b) a school district or unit of the university system conducting in-person instruction or extracurricular activities. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)
History: En. Sec. 3, Ch. 516, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 9. Limitations on Liability Relating to Covid-19 › 2-9-904. Liability of health care providers

2-9-904. (Temporary) Liability of health care providers.
A health care provider is not liable for civil damages for causing or contributing, directly or indirectly, to the death or injury of an individual as a result of the health care provider's acts or omissions while providing or arranging health care in support of the response to covid-19 unless the health care provider caused the death or injury of an individual through an act or omission that constitutes gross negligence, willful and wanton misconduct, or an intentional tort. This section applies to:
(1) injury or death resulting from screening, assessing, diagnosing, caring for, or treating individuals with a suspected or confirmed case of covid-19;
(2) prescribing, administering, or dispensing a pharmaceutical for off-label use to treat a patient with a suspected or confirmed case of covid-19; or
(3) acts or omissions while providing health care to individuals with a condition unrelated to covid-19 when those acts or omissions support the response to covid-19, including the following:
(a) delaying or canceling nonurgent or elective dental, medical, or surgical procedures or altering the diagnosis or treatment of an individual in response to a federal or state statute, regulation, order, or public health guidance;
(b) diagnosing or treating patients outside the normal scope of the health care provider's license or practice;
(c) using medical devices, equipment, or supplies outside of their normal use for the provision of health care, including using or modifying medical devices, equipment, or supplies for an unapproved use;
(d) conducting tests or providing treatment to an individual outside the premises of a health care facility;
(e) acts or omissions undertaken by a health care provider because of a lack of staffing, facilities, medical devices, equipment, supplies, or other resources attributable to covid-19 that renders the health care provider unable to provide the level or manner of care to a person that otherwise would have been required in the absence of covid-19; or
(f) acts or omissions undertaken by a health care provider relating to the use or nonuse of personal protective equipment. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)
History: En. Sec. 4, Ch. 516, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 9. Limitations on Liability Relating to Covid-19 › 2-9-905. Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance

2-9-905. (Temporary) Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance.
(1) In addition to all other defenses, a government entity may assert as an affirmative defense that the government entity took reasonable measures consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19 that was applicable to the government entity or activity at issue at the time of the alleged injury, death, or property damage.
(2) If two or more sources of public health guidance are applicable, a government entity does not breach a duty of care if the person took reasonable measures consistent with one applicable set of public health guidance.
(3) If a government entity proves the affirmative defense contained in this section, the affirmative defense is a complete bar to any action relating to covid-19.
(4) This section may not be construed to impose liability on a government entity for failing to comply with a federal or state statute, regulation, order, or public health guidance related to covid-19. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)
History: En. Sec. 5, Ch. 516, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 9. Limitations on Liability Relating to Covid-19 › 2-9-906. Limitation on requirements

2-9-906. (Temporary) Limitation on requirements.
(1) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires the use of a face mask, a government entity is not required to ensure face masks are being used or a face mask is sufficient to stop the spread of covid-19 to meet the standard of care.
(2) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires temperature checks, a government entity is not required to conduct a temperature check before allowing an individual to enter a premises if the individual refuses to allow the temperature check.
(3) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires a vaccine, an individual is not required to receive a vaccine and a government entity is not required to ensure employees or agents are vaccinated to meet the standard of care. (Terminates December 31, 2031--sec. 12, Ch. 516, L. 2021.)
History: En. Sec. 6, Ch. 516, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 10. State Agency Actions Affecting Private Property › Part 1. Private Property Assessment Act › 2-10-102. Purpose

2-10-102. Purpose.
It is the policy of this state that a person may not be deprived of the use of private property without due process of law and that private property may not be taken or damaged by a state agency without prior just compensation to the owner in accordance with the meaning ascribed to these concepts by the United States supreme court and the Montana supreme court. An assessment of each state agency action with taking or damaging implications is needed to avoid imposing expensive litigation burdens on citizens and to minimize the risk of unanticipated demands on the state's fiscal resources. The purpose of this part is to establish an orderly and consistent process that better enables state agencies to evaluate whether an action with taking or damaging implications might result in the taking or damaging of private property. It is not the purpose of this part to expand or diminish the private property protections provided in the federal and state constitutions.
History: En. Sec. 2, Ch. 462, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 10. State Agency Actions Affecting Private Property › Part 1. Private Property Assessment Act › 2-10-103. Definitions

2-10-103. Definitions.
As used in this part, the following definitions apply:
(1) "Action with taking or damaging implications" means a proposed state agency administrative rule, policy, or permit condition or denial pertaining to land or water management or to some other environmental matter that if adopted and enforced would constitute a deprivation of private property in violation of the United States or Montana constitution. It does not include:
(a) proposed eminent domain proceedings;
(b) a proposed seizure of property by law enforcement officials as evidence or under a state forfeiture statute;
(c) a proposed forfeiture of property during or as a result of criminal proceedings; or
(d) a proposal to repeal a rule, discontinue a government program, or implement a proposed change that has the effect of reducing regulation of private property.
(2) "Private property" means all real property, including but not limited to water rights.
(3) "State agency" means an officer, board, commission, department, or other entity within the executive branch of state government.
(4) "Taking or damaging" means depriving a property owner of private property in a manner requiring compensation under the 5th and 14th amendments to the constitution of the United States or Article II, section 29, of the Montana constitution.
History: En. Sec. 3, Ch. 462, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 10. State Agency Actions Affecting Private Property › Part 1. Private Property Assessment Act › 2-10-104. Guidelines for actions with taking implications

2-10-104. Guidelines for actions with taking implications.
(1) The attorney general shall develop and provide to state agencies guidelines, including a checklist, to assist the agencies in identifying and evaluating agency actions with taking or damaging implications. The attorney general shall at least annually review the guidelines and modify them as necessary to comply with changes in statutes and court decisions.
(2) In developing guidelines, the attorney general shall include a provision that state agencies should consider and follow obligations imposed by the 5th and 14th amendments to the Constitution of the United States and Article II, section 29, of the Montana constitution, as construed by the United States supreme court and the Montana supreme court, when considering and implementing an action with taking or damaging implications in order to avoid unanticipated and undue burdens on the state treasury.
History: En. Sec. 4, Ch. 462, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 10. State Agency Actions Affecting Private Property › Part 1. Private Property Assessment Act › 2-10-105. Impact assessment

2-10-105. Impact assessment.
(1) Each state agency shall assign a qualified person or persons in the state agency the duty and authority to ensure that the state agency complies with this part. Each state agency action with taking or damaging implications must be submitted to that person or persons for review and completion of an impact assessment. The state agency may not take the action unless the review and impact assessment have been completed, except that the action with taking or damaging implications may be taken before the review and impact assessment are completed if necessary to avoid an immediate threat to public health or safety.
(2) Using the attorney general's guidelines and checklist, the person shall prepare a taking or damaging impact assessment for each state agency action with taking or damaging implications that includes an analysis of at least the following:
(a) the likelihood that a state or federal court would hold that the action is a taking or damaging;
(b) alternatives to the action that would fulfill the agency's statutory obligations and at the same time reduce the risk for a taking or damaging; and
(c) the estimated cost of any financial compensation by the state agency to one or more persons that might be caused by the action and the source for payment of the compensation.
(3) A copy of the impact assessment for a proposed action with taking or damaging implications must be given to the governor before the action is taken, except that an action to avoid an immediate threat to public health or safety may be taken before the impact assessment is completed and the assessment may be reported to the governor after the action is taken.
History: En. Sec. 5, Ch. 462, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 10. State Agency Actions Affecting Private Property › Part 1. Private Property Assessment Act › 2-10-111. Notice to public and interested persons

2-10-111. Notice to public and interested persons.
(1) After an impact assessment has been completed, and regardless of the findings in the assessment, the state agency that performed the impact assessment shall provide notice to the public and interested persons of its intent to engage in the proposed action. The notice must be provided through use of either electronic e-mail lists or postal mail lists to all persons who have elected to be notified of impact assessments and through the use of the state's official internet website used by all state agencies.
(a) The electronic e-mail lists and postal mail lists must be established to allow interested persons to be on lists notifying them of impact assessments of all state agencies or of specific information based on agency name or geographical location of a proposed action and may provide notice based on other criteria that would promote public awareness of proposed actions.
(b) The agency website link must allow access to impact assessments of all state agencies or to specific information based on agency name or geographical location of a proposed action and may also be based on other criteria that would promote public awareness of proposed actions. The website must provide a summary of the impact assessment and a link to a source for the complete impact assessment.
(2) If due to time constraints a state agency is compelled to take an action allowed by this part before completion of an impact assessment, it shall, within 3 days of learning of the requirement to take the action, post notice of the action and provide a brief explanation of the action, the need for expedited action, and an estimate of when the action will be completed and the expected availability of the completed summary and impact statement.
(3) Unless the action may be taken without a completed impact statement as provided in this part, the state agency may not take the proposed action until it has completed and posted the impact statement.
(4) The state agency shall update the assessment and provide notice to the public if the action is not adopted before the 180th day after the date the original notice was given.
History: En. Sec. 1, Ch. 286, L. 2011.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 10. State Agency Actions Affecting Private Property › Part 1. Private Property Assessment Act › 2-10-112. Suit to invalidate state agency action

2-10-112. Suit to invalidate state agency action.
(1) A state agency's adopted action is not valid unless the action was taken in compliance with 2-10-105. A private property owner affected by a state agency action taken without fulfilling the requirements of 2-10-105 may bring suit for a declaration of invalidity of the action.
(2) A suit under this section must be filed in a court in the county in which the property owner's affected property is located. If the affected property is located in more than one county, the property owner may file suit in any county in which the affected property is located.
(3) The court shall award a property owner who prevails in a suit under this section reasonable and necessary attorney fees and court costs.
History: En. Sec. 2, Ch. 286, L. 2011.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 11. Legal Authority for Government Action › Part 1. Government Accountability Act › 2-11-102. Findings and purpose

2-11-102. Findings and purpose.
The purpose of this part is to require government entities to make known the legal authority upon which certain action is based. The benefits of this requirement will be that government officials will articulate and reaffirm their legal authority to act and that both the government and the people will have a fuller understanding of the limits of the law and the facts to which the law applies. This understanding will benefit both government and the people by helping to resolve disputes between government servants and the people, without lengthy and costly litigation, by instilling trust in government, and by helping to identify deficiencies in the law so that those deficiencies may be addressed by legislative action.
History: En. Sec. 2, Ch. 502, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 11. Legal Authority for Government Action › Part 1. Government Accountability Act › 2-11-103. Definitions

2-11-103. Definitions.
As used in this part, the following definitions apply:
(1) (a) "Government act" means the denial or issuance with conditions of a permit, certificate, license, or the equivalent of a permit, certificate, or license issued by a government entity.
(b) The term does not mean:
(i) litigation in which a government entity or other person litigates the authority of the government entity to take an act provided in subsection (1)(a);
(ii) an act provided in subsection (1)(a) for which a citation or warning is issued, other than the statement required by 2-11-104, on which a reference clearly appears to the legal authority for the government action; or
(iii) a legislative act by the state of Montana.
(2) "Government entity" means a state agency or a local government unit.
(3) "Local government unit" means a city, county, town, unincorporated municipality or village, or special taxing unit or district and any commission, board, bureau, or other office of the unit.
(4) "Rule" has the meaning provided in 2-4-102.
(5) "State agency" has the meaning provided in 2-4-102(2)(a).
(6) "Statement of government authority" or "statement" means the statement required by 2-11-104.
History: En. Sec. 3, Ch. 502, L. 1997; amd. Sec. 1, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 11. Legal Authority for Government Action › Part 1. Government Accountability Act › 2-11-104. Statement of government authority required

2-11-104. Statement of government authority required.
(1) When a government entity takes a government act, as defined in 2-11-103, it shall provide upon request to the applicant a written statement of specific legal authority upon which the action is based. The statement must be provided within 30 days of the written request by the applicant for the written statement of specific legal authority or within 30 days after the government act, whichever occurs last.
(2) The statement must clearly cite the specific statute, rule, ordinance, resolution, or other legal authority for the government act and the specific reason for the government act.
History: En. Sec. 4, Ch. 502, L. 1997; amd. Sec. 1, Ch. 501, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 12. Government Planning Andperformance Reporting › Part 1. State Measurement for Accountable,Responsive, and Transparent Government (SMART) Act › 2-12-101. Short title

2-12-101. Short title.
This part may be cited as the "State Measurement for Accountable, Responsive, and Transparent Government (SMART) Act".
History: En. Sec. 1, Ch. 760, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 12. Government Planning Andperformance Reporting › Part 1. State Measurement for Accountable,Responsive, and Transparent Government (SMART) Act › 2-12-102. Declaration of policy and purpose

2-12-102. Declaration of policy and purpose.
(1) It is the public policy of this state to provide for an annual planning process for state government that results in the development of initiatives and performance measures for each department's divisions to facilitate efficient, transparent, accountable, and responsive government service.
(2) The purpose of this part is to ensure the development of executive branch annual plans to provide transparency to policymakers, stakeholders, and the public with regard to departments' initiatives. The annual plans will be guided and evaluated by performance measures designed to assess how well each department has performed with respect to its initiatives.
History: En. Sec. 2, Ch. 760, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 12. Government Planning Andperformance Reporting › Part 1. State Measurement for Accountable,Responsive, and Transparent Government (SMART) Act › 2-12-103. Definitions

2-12-103. Definitions.
As used in this part, the following definitions apply:
(1) "Annual performance report" means a written annual review and assessment of the outcomes and outputs of a department as compared to its established annual plan and performance measures.
(2) "Annual plan" means a written plan prepared to guide the ongoing and proposed activities of a department by setting out initiatives, aspirational goals, outcomes, and outputs that the department intends to accomplish, and performance measures to facilitate program evaluations.
(3) "Department" means each entity listed in 2-15-104(1)(a) through (1)(p), the office of the secretary of state, the office of the state auditor, and the office of public instruction.
(4) "Division" has the meaning provided in 2-15-104.
(5) "Initiative" means a specific goal, objective, or target related to a performance measure that is adopted by a department.
(6) "Outcomes" means a quantification of the public benefit for Montanans derived from actions by a department.
(7) "Outputs" means a quantification of the number of services that a department produces for Montanans.
(8) "Performance measure" means a metric or measurement that is designed to help guide government by assessing what a department aspires to achieve pursuant to its annual plan with respect to the outcomes and outputs of its programs.
History: En. Sec. 3, Ch. 760, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 12. Government Planning Andperformance Reporting › Part 1. State Measurement for Accountable,Responsive, and Transparent Government (SMART) Act › 2-12-104. Annual plan

2-12-104. Annual plan.
(1) Each department shall produce an annual plan no later than September 1, 2023.
(2) Each department shall publish a subsequent annual plan no later than September 1 every 2 years afterward.
(3) At a minimum, an annual plan must include the following components:
(a) a description of the functions and divisions of the department, including a discussion of the department's priorities;
(b) initiatives of the department that reflect the benefits and outcomes the department expects to achieve on behalf of the public or specific groups through its divisions; and
(c) specific and measurable performance measures for its initiatives, including the preferred outcomes and outputs with respect to each initiative.
(4) Performance measures must:
(a) be tracked on an ongoing basis;
(b) assess a department's preferred outcomes and outputs;
(c) be quantitative when possible; and
(d) be designed to provide meaningful and useful information to policymakers and the public.
(5) The annual plan adopted by a department must be posted on the websites of the department.
History: En. Sec. 4, Ch. 760, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 12. Government Planning Andperformance Reporting › Part 1. State Measurement for Accountable,Responsive, and Transparent Government (SMART) Act › 2-12-105. Annual performance report

2-12-105. Annual performance report.
(1) No later than December 1, 2024, and no later than October 1 of each year afterward, each department shall produce an annual performance report for the fiscal year that concluded in the same year and distribute it as provided in subsections (3) and (4).
(2) The annual performance report must focus on measuring outcomes and outputs with respect to the performance measures.
(3) An annual performance report of a department must be posted on the website of the department.
(4) In accordance with 5-11-210, the annual performance report of each department must be provided to the interim budget committee with oversight responsibility for the department pursuant to 5-12-501 and the appropriate legislative policy interim committee provided for in Title 5, chapter 5, part 2.
History: En. Sec. 5, Ch. 760, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 12. Government Planning Andperformance Reporting › Part 1. State Measurement for Accountable,Responsive, and Transparent Government (SMART) Act › 2-12-106. Fiscal impact

2-12-106. Fiscal impact.
A department may use only existing resources to implement the provisions of 2-12-101 through 2-12-105.
History: En. Sec. 6, Ch. 760, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-101. Declaration of policy and purpose

2-15-101. Declaration of policy and purpose.
(1) The purpose of this chapter is to comply with Article VI, section 7, of the Montana constitution which requires that all executive and administrative offices, boards, bureaus, commissions, agencies, and instrumentalities of the executive branch (except for the office of governor, lieutenant governor, secretary of state, attorney general, superintendent of public instruction, and auditor) and their respective functions, powers, and duties shall be allocated by law among not more than 20 principal departments so as to provide an orderly arrangement in the administrative organization of state government.
(2) It is the public policy of this state and the purpose of this chapter to create a structure of the executive branch of state government which is responsive to the needs of the people of this state and sufficiently flexible to meet changing conditions; to strengthen the executive capacity to administer effectively and efficiently at all levels; to encourage greater public participation in state government; to effect the grouping of state agencies into a reasonable number of departments primarily according to function; to provide that the responsibility within the executive branch of state government for the implementation of programs and policies is clearly fixed and ascertainable; and to eliminate overlapping and duplication of effort within the executive branch of state government.
History: En. 82A-102 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 2, Ch. 358, L. 1973; R.C.M. 1947, 82A-102.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-103. Policymaking authority and administrative powers of governor

2-15-103. Policymaking authority and administrative powers of governor.
In accordance with Article VI, section 4, of the Montana constitution, the governor is the chief executive officer of the state. Subject to the constitution and law of this state, the governor shall formulate and administer the policies of the executive branch of state government. In the execution of these policies, the governor has full powers of supervision, approval, direction, and appointment over all departments and their units, other than the office of the lieutenant governor, secretary of state, attorney general, auditor, and superintendent of public instruction, except as otherwise provided by law. Whenever a conflict arises as to the administration of the policies of the executive branch of state government, except for conflicts arising in the office of the lieutenant governor, secretary of state, attorney general, auditor, and superintendent of public instruction, the governor shall resolve the conflict, and the decision of the governor is final.
History: En. 82A-105 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 5, Ch. 358, L. 1973; R.C.M. 1947, 82A-105.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-104. Structure of executive branch

2-15-104. Structure of executive branch.
(1) In accordance with the constitution, all executive and administrative offices, boards, commissions, agencies, and instrumentalities of the executive branch of state government and their respective functions are allocated by this chapter among and within the following departments or entities:
(a) department of administration;
(b) department of military affairs;
(c) department of revenue;
(d) state board of education;
(e) department of labor and industry;
(f) department of commerce;
(g) department of justice;
(h) department of public health and human services;
(i) department of corrections;
(j) department of transportation;
(k) department of public service regulation;
(l) department of agriculture;
(m) department of livestock;
(n) department of natural resources and conservation;
(o) department of fish, wildlife, and parks;
(p) department of environmental quality.
(2) For its internal structure, each department shall adhere to the following standard terms:
(a) The principal unit of a department is a division. Each division is headed by an administrator.
(b) The principal unit of a division is a bureau. Each bureau is headed by a chief.
(c) The principal unit of a bureau is a section. Each section is headed by a supervisor.
History: En. 82A-104 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 1, Ch. 250, L. 1973; amd. Sec. 4, Ch. 358, L. 1973; amd. Sec. 2, Ch. 51, L. 1974; amd. Sec. 49, Ch. 213, L. 1975; R.C.M. 1947, 82A-104; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 1, Ch. 274, L. 1981; amd. Sec. 1, Ch. 609, L. 1987; amd. Sec. 2, Ch. 262, L. 1991; amd. Sec. 2, Ch. 512, L. 1991; amd. Sec. 3, Ch. 418, L. 1995; amd. Secs. 7, 568, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-105. Attorney general, state auditor, superintendent of public instruction, and secretary of state -- powers as department heads

2-15-105. Attorney general, state auditor, superintendent of public instruction, and secretary of state -- powers as department heads.
The attorney general, state auditor, superintendent of public instruction, and secretary of state have, in addition to any other power vested by the Montana constitution or by law, the same powers accorded the heads of departments by this part. No duties relating to the governor or requirements for permission from or approval by the governor in this part apply to such elected officials in the exercise of such power unless a statute specifically requires the elected official to perform such duty or obtain such permission or approval.
History: En. Sec. 1, Ch. 20, L. 1983.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-108. Gender and racial balance -- report to legislature

2-15-108. Gender and racial balance -- report to legislature.
(1) As vacancies occur and appointments are made, all appointing authorities of all appointive boards, commissions, committees, and councils of state government shall take positive action to attain gender balance and proportional representation of minorities resident in Montana to the greatest extent possible.
(2) Pursuant to subsection (1), the secretary of state shall publish in the Montana Administrative Register on a monthly basis the recent appointments made by the executive branch and the upcoming vacancies on executive boards and commissions.
(3) The governor shall report to the legislature, as provided in 5-11-210, on the progress made toward achieving the goals set forth in this section.
History: En. Secs. 1, 2, Ch. 208, L. 1991; amd. Sec. 6, Ch. 349, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-111. Appointment and qualifications of department heads

2-15-111. Appointment and qualifications of department heads.
(1) At the beginning of each gubernatorial term, the governor shall appoint each department head who serves as a director as provided in this chapter.
(2) An appointment of a director by the governor is subject to the confirmation of the senate, except that the governor may appoint a director to assume office before the senate meets in its next regular session to consider the appointment. A director so appointed is vested with all the functions of the office upon assuming the office and is a de jure officer, notwithstanding the fact that the senate has not yet confirmed the appointment. If the senate does not confirm the appointment of a director, the governor shall make a new appointment.
(3) A director serves at the pleasure of the governor. The governor may remove a director at any time and appoint a new director to the office.
(4) The governor shall select a director on the basis of the person's professional and administrative knowledge and experience and additional qualifications that are provided by law.
(5) If a vacancy occurs in the office of a director, the governor shall appoint a new director to serve at the pleasure of the governor.
(6) Heads of departments who are not directors must be elected or appointed and serve and have their vacancies filled as provided by law.
History: En. 82A-106 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 6, Ch. 358, L. 1973; R.C.M. 1947, 82A-106; amd. Sec. 71, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-113. Prior right of department head to agencies and records

2-15-113. Prior right of department head to agencies and records.
Each department head designated by this chapter or appointed by the governor has, before assuming the office of the department head, full access to all agencies and their records within the department created by this chapter for the purpose of formulating plans for internal organization and the fiscal and personnel administration of the department.
History: En. 82A-109 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 9, Ch. 358, L. 1973; R.C.M. 1947, 82A-109.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 1. General Provisions › 2-15-114. Security responsibilities of departments for data

2-15-114. Security responsibilities of departments for data.
Each department head is responsible for ensuring an adequate level of security for all data within that department and shall:
(1) develop and maintain written internal policies and procedures to ensure security of data. The internal policies and procedures are confidential information and exempt from public inspection, except that the information must be available to the legislative auditor in performing postauditing duties.
(2) designate an information security manager to administer the department's security program for data;
(3) implement appropriate cost-effective safeguards to reduce, eliminate, or recover from identified threats to data;
(4) ensure that internal evaluations of the security program for data are conducted. The results of the internal evaluations are confidential and exempt from public inspection, except that the information must be available to the legislative auditor in performing postauditing duties.
(5) include appropriate security requirements, as determined by the department, in the written specifications for the department's solicitation of data and information technology resources; and
(6) include a general description of the existing security program and future plans for ensuring security of data in the agency information technology plan as provided for in 2-17-523.
History: En. Sec. 2, Ch. 592, L. 1987; amd. Sec. 22, Ch. 313, L. 2001; amd. Sec. 4, Ch. 114, L. 2003.