reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 8. Capitol Complex Master Plan Act › 2-17-803. Capitol complex advisory council established -- membership -- staff services -- compensation

2-17-803. Capitol complex advisory council established -- membership -- staff services -- compensation.
(1) There is a capitol complex advisory council.
(2) The council consists of nine members as follows:
(a) two members of the house of representatives appointed by the speaker on a bipartisan basis;
(b) two members of the senate appointed by the committee on committees on a bipartisan basis;
(c) two public members appointed by the governor; and
(d) the director or the director's designee of each of the following agencies:
(i) the Montana historical society established in 22-3-101;
(ii) the Montana arts council established in 2-15-1513; and
(iii) the department of administration established in 2-15-1001.
(3) The council shall select a presiding officer, who may call meetings to conduct council business. The department of administration shall provide staff services to the council.
(4) (a) A council member appointed under subsection (2)(c) is entitled to compensation not to exceed the daily allowance provided for in 5-2-301(3) for compensation of legislators for each day in which the member is actually and necessarily engaged in performing council duties and to travel expense reimbursement as provided in 2-18-501 through 2-18-503.
(b) A council member designated under subsection (2)(d) is not entitled to compensation for services as a member of the council.
(c) A council member appointed under subsection (2)(a) or (2)(b) is entitled to compensation and expenses as provided in 5-2-302.
History: En. Sec. 3, Ch. 476, L. 1997; amd. Sec. 5, Ch. 51, L. 1999; amd. Sec. 1, Ch. 56, L. 2003; amd. Sec. 1, Ch. 321, L. 2005; amd. Sec. 1, Ch. 42, L. 2013.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 8. Capitol Complex Master Plan Act › 2-17-804. Council duties and responsibilities

2-17-804. Council duties and responsibilities.
(1) The council shall:
(a) adopt an art and memorial plan for the placement of art and memorials in the capitol complex and on the capitol complex grounds;
(b) review proposals for long-term displays of up to 50 years, subject to renewal, in the capitol complex and on the capitol complex grounds and for the naming of state buildings, spaces, and rooms in the capitol complex;
(c) advise the legislature on the placement of busts, plaques, statues, memorials, monuments, or art displays of a long-term nature in public areas of the capitol complex and on the capitol complex grounds, including the executive residence and the original governor's mansion; and
(d) advise the department of administration on interior decoration of the capitol, grounds maintenance, and grounds displays.
(2) In advising the legislature on long-term displays, the council shall consider whether the bust, plaque, statue, memorial, monument, or art display:
(a) reasonably fits the long-range master plan for the capitol and adjacent grounds developed under 2-17-805;
(b) adversely alters the appearance of the capitol complex;
(c) unreasonably affects foot traffic on the capitol complex;
(d) adversely impacts existing maintenance programs or the utility infrastructure;
(e) recognizes a person or event of statewide significance and relevance;
(f) has artistic merit in design and construction;
(g) will be safely and aesthetically suited to the installation site; and
(h) has adequate funding for design, installation, and maintenance.
(3) The council shall report to the state administration and veterans' affairs interim committee in accordance with 5-11-210 on requests that the council has reviewed for naming buildings, spaces, and rooms and for placing items in the capitol complex or on the capitol complex grounds. The report must include a recommendation to the committee on whether reviewed requests meet the criteria established by this part and whether legislation is needed. If a request meets the criteria, the council shall recommend a timeframe during which the project should be authorized.
History: En. Sec. 4, Ch. 476, L. 1997; amd. Sec. 2, Ch. 56, L. 2003; amd. Sec. 1, Ch. 25, L. 2005; amd. Sec. 2, Ch. 321, L. 2005; amd. Sec. 1, Ch. 155, L. 2013; amd. Sec. 15, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 8. Capitol Complex Master Plan Act › 2-17-806. Department of administration to establish policies on capitol

2-17-806. Department of administration to establish policies on capitol.
The department of administration, with the advice of the council and the legislative council, shall establish policies governing maintenance and beautification of the capitol, executive residence, and original governor's mansion. The policies must provide that all historic furnishings original to the capitol remain in the building if an agency relocates and may designate appropriate wall, floor, and window coverings for the capitol. The Montana Administrative Procedure Act does not apply to this part.
History: En. Sec. 6, Ch. 476, L. 1997; amd. Sec. 7, Ch. 762, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 8. Capitol Complex Master Plan Act › 2-17-809. Repealed

2-17-809. Repealed.
Secs. 10, 13(1), Ch. 223, L. 2005.
History: En. Sec. 1, Ch. 62, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 8. Capitol Complex Master Plan Act › 2-17-810. Remodeling and renovation -- senate chambers and former supreme court chambers to be preserved

2-17-810. Remodeling and renovation -- senate chambers and former supreme court chambers to be preserved.
(1) If future senate bodies determine that the location of the senate chambers should be moved, the department of administration shall keep and maintain the physical structure and location of the present senate chambers as a single room that must be used for legislative purposes. The room may not be divided in any manner, and the artwork and height of the ceiling must be maintained and preserved.
(2) The department of administration shall keep and maintain the physical structure and location of the supreme court chambers, which were occupied by the Montana supreme court until the new justice building was completed and dedicated in 1983, as a single room that must be used for legislative committee purposes. The room may not be divided in any manner, and the artwork and height of the ceiling must be maintained and preserved.
History: En. Sec. 2, Ch. 700, L. 1983; amd. Sec. 2, Ch. 7, L. 1993; Sec. 2-17-109, MCA 1995; redes. 2-17-810 by Sec. 9, Ch. 476, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 8. Capitol Complex Master Plan Act › 2-17-811. Custodial care of capitol buildings and grounds

2-17-811. Custodial care of capitol buildings and grounds.
(1) The department of administration is custodian of all state property and grounds in the capitol complex.
(2) (a) The department shall supervise and direct the work of caring for and maintaining buildings and equipment in the capitol complex.
(b) The department shall provide or approve all custodial, maintenance, and security work done on state-owned or leased buildings in the capitol complex.
(c) The legislature shall pay the maintenance service fee rate approved by the legislature for:
(i) the legislative space for nonpartisan legislative staff within the capitol; and
(ii) the old board of health building, including common space.
(3) (a) Except as provided in subsection (3)(b), a state agency may not alter, improve, repair, or remodel a state building in the state capitol area without the approval of the department.
(b) (i) After giving notice to the department, the legislative council may alter, improve, or remodel legislative space that only affects legislative space and that complies with all laws, including Title 22, chapter 3, and 18-2-108.
(ii) (A) The department shall consult the legislative council regarding the department's approval and timing of any alteration, improvement, remodel, or major repair of legislative space.
(B) The department shall notify the legislative council if the department lacks sufficient resources to complete a legislative space project or to satisfy the timing of a project.
(c) (i) Except as provided in subsection (3)(c)(ii), if the department disapproves an alteration, improvement, or remodel of legislative space, the legislative council may override that disapproval and direct the department to proceed with the project.
(ii) A legislative space project may not impair building infrastructure or systems that serve an entire building or facility.
(4) The department shall maintain or approve the maintenance of the grounds in the state capitol area.
History: En. Sec. 9, Ch. 271, L. 1963; amd. Sec. 98, Ch. 326, L. 1974; Sec. 82-3309, R.C.M. 1947; En. Sec. 10, Ch. 271, L. 1963; Sec. 82-3310, R.C.M. 1947; R.C.M. 1947, 82-3309, 82-3310; amd. Sec. 1, Ch. 69, L. 1985; amd. Sec. 1, Ch. 362, L. 1989; amd. Sec. 1, Ch. 625, L. 1991; Sec. 2-17-111, MCA 1995; redes. 2-17-811 by Sec. 9, Ch. 476, L. 1997; amd. Sec. 4, Ch. 321, L. 2005; amd. Sec. 8, Ch. 762, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 8. Capitol Complex Master Plan Act › 2-17-812. Inventory of improvements

2-17-812. Inventory of improvements
. (1) The department of administration shall maintain an inventory of commemorative displays, statues, artwork, plaques, and other improvements upon the grounds of the capitol complex, including the executive residence and the original governor's mansion.
(2) The Montana historical society shall maintain an inventory of all publicly held commemorative displays, statues, artwork, and plaques in the capitol complex.
(3) Each agency shall make the agency's inventory available to the council.
History: En. Sec. 7, Ch. 476, L. 1997; amd. Sec. 5, Ch. 56, L. 2003; amd. Sec. 5, Ch. 321, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 8. Capitol Complex Master Plan Act › 2-17-813. Certain items entrusted to Montana historical society

2-17-813. Certain items entrusted to Montana historical society.
A bust, plaque, statue, memorial, monument, or art display in possession of the state that may have been associated with the capitol complex but is not listed under 2-17-808 is entrusted to the Montana historical society for storage or temporary display until a suitable location is identified, recommended for placement by the council, and approved by the legislature for long-term placement.
History: En. Sec. 7, Ch. 56, L. 2003; amd. Sec. 4, Ch. 25, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 8. Capitol Complex Master Plan Act › 2-17-816. Parking citations within capitol complex

2-17-816. Parking citations within capitol complex.
The director of the department of administration may enter into an agreement with the city of Helena, Montana, to authorize capitol security guards employed by the department to issue citations for parking violations as defined by state or municipal laws that occur within the boundaries of the capitol complex or on streets or alleys contiguous to the capitol complex. All citations must be considered within the jurisdiction of the city of Helena, Montana, and must be handled in the same manner as citations issued by peace officers of the city.
History: En. Sec. 1, Ch. 337, L. 1985; Sec. 2-17-113, MCA 1995; redes. 2-17-816 by Sec. 9, Ch. 476, L. 1997; amd. Sec. 119, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 8. Capitol Complex Master Plan Act › 2-17-817. Highway patrol officers' memorial

2-17-817. Highway patrol officers' memorial.
(1) The department of administration shall set aside on the capitol grounds an area on the west side of the capitol for a memorial to Montana's slain highway patrol officers. The area must be agreed upon between the Montana highway patrol and the department of administration and must maintain the historical design integrity of the block on which the capitol is located, also known as capitol square.
(2) The memorial must be constructed to consider long-term maintenance efficiency and must be paid for by private donations. The memorial must be maintained with the assistance of private donations as part of the capitol grounds maintenance program provided in 2-17-811.
History: En. Sec. 1, Ch. 163, L. 1995; Sec. 2-17-131, MCA 1995; redes. 2-17-817 by Sec. 9, Ch. 476, L. 1997; amd. Sec. 6, Ch. 321, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 8. Capitol Complex Master Plan Act › 2-17-818. Joseph P. Mazurek building, memorial, and plaque -- funding

2-17-818. Joseph P. Mazurek building, memorial, and plaque -- funding.
(1) The justice and state library building located at 215 north Sanders in Helena is named the Joseph P. Mazurek building.
(2) A plaque and memorial commemorating Joseph P. Mazurek may be placed on the capitol complex grounds subject to review by the council according to the criteria in 2-17-804(2).
(3) Private funds must be used to construct the plaque and memorial and to maintain them for 50 years.
History: En. Sec. 1, Ch. 221, L. 2013.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 8. Capitol Complex Master Plan Act › 2-17-819. Memorial for Montana's organ donors -- display -- private funding

2-17-819. (Temporary) Memorial for Montana's organ donors -- display -- private funding.
(1) Subject to 2-17-807(4) and other provisions of Title 2, chapter 17, part 8, including review by the capitol complex advisory council, a memorial honoring organ donors of Montana must be displayed on the capitol complex grounds.
(2) The cost for the procurement, installation, and maintenance of the memorial must be paid from private funds.
(3) The design, installation, maintenance, and funding of the outdoor memorial is subject to provisions of the art and memorial plan adopted by the council pursuant to 2-17-804. (Void on occurrence of contingency--sec. 5, Ch. 211, L. 2023.)
History: En. Sec. 1, Ch. 211, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 8. Capitol Complex Master Plan Act › 2-17-825. Report to legislature

2-17-825. Report to legislature.
(1) The legislative council may prepare a written report of its activities and recommendations related to its duties under 2-17-805(2) to assist the legislature in determining whether the recommendations should be implemented.
(2) If a report is prepared, it must be submitted to the legislature in accordance with 5-11-210.
History: En. Sec. 3, Ch. 141, L. 1979; amd. Sec. 6, Ch. 700, L. 1983; amd. Sec. 17, Ch. 112, L. 1991; amd. Sec. 4, Ch. 7, L. 1993; amd. Sec. 15, Ch. 349, L. 1993; Sec. 5-17-103, MCA 1991; redes. 5-11-116 by Code Commissioner, 1993; Sec. 5-11-116, MCA 1995; redes. 2-17-825 by Sec. 9, Ch. 476, L. 1997; amd. Sec. 16, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 11. Montana Digital Government Services Act › 2-17-1101. Short title

2-17-1101. Short title.
This part may be cited as the "Montana Digital Government Services Act".
History: En. Sec. 1, Ch. 265, L. 2001; amd. Sec. 20, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 11. Montana Digital Government Services Act › 2-17-1102. Definitions

2-17-1102. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Convenience fee" means a fee charged to recover the costs of providing digital government services.
(2) "Costs" means the overall costs that the department may incur to provide digital government services, including the costs of contracts entered into with private entities to assist in providing digital government services.
(3) "Department" means the department of administration provided for in 2-15-1001.
(4) "Infrastructure" means the underlying technology necessary to provide digital government services.
History: En. Sec. 2, Ch. 265, L. 2001; amd. Sec. 2, Ch. 274, L. 2015; amd. Sec. 21, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 11. Montana Digital Government Services Act › 2-17-1103. Responsibilities of department for digital government

2-17-1103. Responsibilities of department for digital government.
(1) The department shall:
(a) provide the ability for state agencies to offer digital government services by providing a reasonable and secure infrastructure;
(b) provide a point of entry for digital government services to achieve a single face of government;
(c) encourage a common look and feel for all digital government services for the benefit of the customers of the services;
(d) set technological standards for digital government services;
(e) use technology that enables the greatest number of customers to obtain access to digital government services;
(f) promote the benefits of digital government services through educational, marketing, and outreach initiatives;
(g) promote transparency in information management; and
(h) share and coordinate information with political subdivisions whenever possible.
(2) To fulfill the responsibilities in subsection (1), the department may contract with private entities. The department may charge convenience fees and may allow private entities to collect the convenience fees on selected digital government services in order to provide funding for the support and furtherance of digital government services.
(3) The department or a private entity under a contract as provided in subsection (2) may not use any data associated with providing digital government services for any purpose that is not provided for by law.
History: En. Sec. 3, Ch. 265, L. 2001; amd. Sec. 3, Ch. 274, L. 2015; amd. Sec. 22, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 11. Montana Digital Government Services Act › 2-17-1105. Repealed

2-17-1105. Repealed.
Sec. 4, Ch. 274, L. 2015.
History: En. Sec. 5, Ch. 265, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 12. State Building Construction Loan Act › 2-17-1201. Short title

2-17-1201. Short title.
This part may be cited as the "State Building Construction Loan Act of 2021".
History: En. Sec. 1, Ch. 333, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 12. State Building Construction Loan Act › 2-17-1202. Definitions

2-17-1202. Definitions.
As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Building" has the meaning given in 18-2-101.
(2) "Financial institution" means a bank as defined in 32-1-102 or other regulated lender as defined in 31-1-111(1) and (2).
(3) "Physical branch" means a physical location of a financial institution that accepts deposits from Montana citizens and businesses.
(4) "Public agency" means a department, commission, council, board, bureau, committee, institution, agency, government corporation, or other entity, instrumentality, or official of the legislative, executive, or judicial branch of this state, including the board of regents and the Montana university system.
(5) (a) "State building construction loan" means a loan from a financial institution to a public agency to finance construction of one or more buildings of the public agency, obtained pursuant to the terms and conditions of this part.
(b) The term does not include any bonds, notes or other obligations issued by public agencies, or loans obtained by public agencies, to finance construction of buildings or otherwise, that are sold or obtained pursuant to other provisions of state law.
History: En. Sec. 2, Ch. 333, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 12. State Building Construction Loan Act › 2-17-1203. Authority to use state building construction loans

2-17-1203. Authority to use state building construction loans.
(1) If a public agency is otherwise authorized to borrow money by obtaining a loan to finance the construction of one or more of its buildings, the public agency may obtain a state building construction loan in accordance with this part to finance all or a portion of the costs of the construction of one or more of its buildings.
(2) A public agency must obtain a state building construction loan by requesting interest rate proposals from multiple financial institutions that will not be acting as underwriters with respect to the state building construction loan.
(3) In the materials that solicit interest rate proposals for the state building construction loan, the public agency shall provide that it will evaluate the proposals based solely on interest rate and the solicitation materials must describe the provisions of 2-17-1204.
History: En. Sec. 3, Ch. 333, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 12. State Building Construction Loan Act › 2-17-1204. Selecting lender for state building construction loan -- process

2-17-1204. Selecting lender for state building construction loan -- process.
(1) Except as provided in subsections (2) and (3), when selecting a financial institution to be the lender for a state building construction loan, a public agency shall select the financial institution that is the lowest responsible bidder in terms of interest rate, without regard to residency.
(2) In the event the lowest bidder does not have a physical branch located in the state, the public agency shall:
(a) determine if the next lowest bidder has a physical branch located in the state; and
(b) if, when multiplying the low bid by 1.025, the next lowest bid is at or less than the bid of the lowest bidder, notify the next lowest bidder and give that bidder 2 business days to offer a bid of equal terms.
(3) If the next lowest bidder offers an equal bid, the public agency shall select that bidder as the lender of its state building construction loan.
History: En. Sec. 4, Ch. 333, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 1. General Provisions › 2-18-104. Exemption for personal staff -- limit

2-18-104. Exemption for personal staff -- limit.
(1) Subject to the limitations in subsections (2) and (3), members of a personal staff are exempt from parts 1 through 3 and 10.
(2) The personal staff who are exempted by subsection (1) may not exceed 10 unless otherwise approved by the department according to criteria developed by the department. Except as provided in subsection (5)(a), under no circumstances may the total exemptions of each elected official exceed 15.
(3) The number of members of the personal staff of the public service commission who are exempted by subsection (1) may not exceed 6.
(4) The number of members of the personal staff of the leadership of the legislature who are exempted by subsection (1) may not exceed:
(a) one personal staff for the speaker of the house of representatives;
(b) one personal staff for the minority leader of the house of representatives;
(c) one personal staff for the president of the senate; and
(d) one personal staff for the minority leader of the senate.
(5) (a) The number of members of the personal staff to be appointed by and serve at the pleasure of the agency head and be exempted by subsection (1) may not exceed the following:
(i) two personal staff for the following departments:
(A) administration;
(B) agriculture;
(C) commerce; and
(D) military affairs; and
(ii) three personal staff for the following departments:
(A) corrections;
(B) environmental quality;
(C) fish, wildlife, and parks;
(D) labor and industry;
(E) natural resources and conservation;
(F) public health and human services;
(G) revenue; and
(H) transportation; and
(iii) for an agency with an elected official listed in Article VI, section 1, of the Montana constitution, a number of personal staff in excess of the limitations in subsection (2) but not to exceed 3% of the agency's full-time employees.
(b) When appointing personal staff under subsection (5)(a), only an existing full-time equivalent personnel position may be used. Agencies may not create a new full-time equivalent personnel position when appointing personal staff.
(c) For the purposes of subsection (5)(a)(iii), the number of full-time employees is determined pursuant to 2-18-204 and is within an agency's base budget as defined in 17-7-102.
History: En. Sec. 1, Ch. 440, L. 1973; amd. Sec. 1, Ch. 488, L. 1977; R.C.M. 1947, 59-903(part (3)); amd. Sec. 3, Ch. 512, L. 1979; amd. Sec. 1, Ch. 538, L. 1983; amd. Sec. 1, Ch. 661, L. 1987; amd. Sec. 3, Ch. 660, L. 1989; amd. Sec. 4, Ch. 339, L. 1997; amd. Sec. 1, Ch. 523, L. 2021; amd. Sec. 2, Ch. 683, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 1. General Provisions › 2-18-105. Repealed

2-18-105. Repealed.
Sec. 4, Ch. 239, L. 1989.
History: En. Sec. 16, Ch. 440, L. 1973; R.C.M. 1947, 59-914.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 1. General Provisions › 2-18-106. No limitation on legislative authority -- transfer of funds

2-18-106. No limitation on legislative authority -- transfer of funds.
(1) Parts 1 through 3 do not limit the authority of the legislature relative to appropriations for salary and wages. The budget director shall adjust determinations in accordance with legislative appropriations.
(2) Unexpended agency appropriation balances in the first year of the biennium may be transferred to the second year of the biennium to offset the costs of pay increases.
History: (1)En. Sec. 13, Ch. 440, L. 1973; amd. Sec. 5, Ch. 181, L. 1975; R.C.M. 1947, 59-912; amd. Sec. 2, Ch. 678, L. 1979; (2)En. Sec. 10, Ch. 421, L. 1981; amd. Sec. 6, Ch. 710, L. 1983; amd. Sec. 120, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 1. General Provisions › 2-18-107. Job-sharing positions -- benefits

2-18-107. Job-sharing positions -- benefits.
(1) Job sharing may be used, to the extent practicable, by each agency as a means of promoting increased productivity and employment opportunities. Job sharing may be actively pursued to fill vacated or new positions but may not be actively pursued to replace current full-time employees. However, on request of a current employee, that employee's position may be considered for job sharing. A position may be filled by more than one incumbent currently in a full-time position.
(2) Employees in a job-sharing status are entitled to holiday pay, annual leave, sick leave, and health benefits on the same basis as permanent part-time employees provided for in 2-18-603, 2-18-611, 2-18-618, and 2-18-703.
(3) Employees classified in a part-time status may not be reclassified to a job-sharing status while employed in the position classified as part-time.
History: En. Sec. 3, Ch. 684, L. 1983; amd. Sec. 1, Ch. 106, L. 1985; amd. Sec. 121, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 1. General Provisions › 2-18-110. Repealed

2-18-110. Repealed.
Sec. 11, Ch. 7, L. 2009.
History: En. Sec. 11, Ch. 720, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 1. General Provisions › 2-18-111. Hiring preference for residents of Indian reservations for state jobs within reservation -- rules

2-18-111. Hiring preference for residents of Indian reservations for state jobs within reservation -- rules.
(1) A state agency that operates within an Indian reservation shall give a preference in hiring for employment with the state agency to an Indian resident of the reservation who has substantially equal qualifications for the position.
(2) The commissioner of labor and industry shall enforce this section and investigate complaints of its violation and may adopt rules to implement this section.
(3) For the purposes of this section, the following definitions apply:
(a) "Employment" means being employed as a permanent, temporary, or seasonal employee as defined in 2-18-101 for a state position. The term does not include:
(i) a state elected official;
(ii) appointment by an elected official to a body, such as a board, commission, committee, or council;
(iii) appointment by an elected official to a public office if the appointment is provided for by law;
(iv) engagement as an independent contractor or employment by an independent contractor; or
(v) engagement as a student intern.
(b) "Indian" means a person who is enrolled or who is a lineal descendant of a person enrolled upon an enrollment listing of the bureau of Indian affairs or upon the enrollment listing of a recognized Indian tribe, domiciled in the United States.
(c) "State agency" means a department, office, board, bureau, commission, agency, or other instrumentality of the executive or judicial branches of the government of this state.
History: En. Sec. 1, Ch. 506, L. 1991; amd. Sec. 5, Ch. 339, L. 1997; amd. Sec. 2, Ch. 75, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 1. General Provisions › 2-18-115. Exemption for certain university temporary employees -- "temporary employee" defined

2-18-115. Exemption for certain university temporary employees -- "temporary employee" defined.
(1) With the exception of 2-18-603, the requirements of parts 6 and 7 of this chapter do not apply to a temporary employee of the university system.
(2) As used in this section, "temporary employee" means an employee of the university system who is hired into a position that is not permanent and who has negotiated an alternative benefits package through a labor organization certified to represent employees of the university system pursuant to Title 39, chapter 31. The employer contribution to the alternative benefits package may not exceed the cost of the benefits that the employee would otherwise be entitled to through employment.
History: En. Sec. 1, Ch. 121, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 1. General Provisions › 2-18-120. Telework authorized and encouraged

2-18-120. Telework authorized and encouraged.
(1) An agency may authorize telework for specified employees when it is in the state's best interest as determined and documented by the agency.
(2) The department shall adopt policies to encourage agencies to authorize telework and to provide for the uniform implementation of this section by agencies.
History: En. Sec. 1, Ch. 56, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 2. Classification › 2-18-201. Implementation and maintenance of broadband classification plan

2-18-201. Implementation and maintenance of broadband classification plan.
(1) The department shall implement and maintain a broadband classification plan for all state positions in state service except those exempt in 2-18-103 and 2-18-104.
(2) The legislative council shall in a like manner implement and maintain a broadband classification plan for employees of the legislative branch, other than those of the office of consumer counsel.
History: En. Sec. 3, Ch. 440, L. 1973; R.C.M. 1947, 59-905; amd. Sec. 4, Ch. 512, L. 1979; amd. Sec. 12, Ch. 545, L. 1995; amd. Sec. 4, Ch. 81, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 2. Classification › 2-18-202. Identification of occupations

2-18-202. Identification of occupations.
In providing for the broadband classification plan, the department shall group all positions in state service into defined occupations based on similarity of work performed, responsibilities assumed, difficulty of work, required knowledge, and required skills.
History: En. Sec. 4, Ch. 440, L. 1973; R.C.M. 1947, 59-906; amd. Sec. 5, Ch. 81, L. 2007; amd. Sec. 2, Ch. 7, L. 2009.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 2. Classification › 2-18-203. Review of positions

2-18-203. Review of positions.
(1) The department shall review the job evaluation factor of positions on a regular basis and may adjust the occupations for the positions to reflect significant changes in duties and responsibilities. If adjustments are to be made to benchmarks or criteria used for classifying positions affecting employees within a bargaining unit, the department shall consult with the representative of the bargaining unit prior to implementation of the adjustments, except for positions factored in the blue-collar pay plan, which must remain a mandatory negotiable item under Title 39, chapter 31.
(2) Employees and employee organizations must be given the opportunity to appeal a position classification. Classification standards are not appealable subjects under 2-18-1011 through 2-18-1013.
(3) The period of time for which retroactive pay for a compensation or classification appeal may be awarded under 2-18-1011 through 2-18-1013 or under parts 1 through 3 of this chapter may not extend beyond 30 days prior to the date on which the appeal was filed.
History: En. Sec. 5, Ch. 440, L. 1973; amd. Sec. 1, Ch. 166, L. 1975; amd. Sec. 1, Ch. 471, L. 1977; R.C.M. 1947, 59-907; amd. Sec. 1, Ch. 577, L. 1979; amd. Sec. 2, Ch. 421, L. 1981; amd. Sec. 4, Ch. 455, L. 1995; amd. Sec. 10, Ch. 42, L. 1997; amd. Sec. 6, Ch. 81, L. 2007; amd. Sec. 3, Ch. 430, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 2. Classification › 2-18-204. Determination of number and occupations of employees in each agency

2-18-204. Determination of number and occupations of employees in each agency.
(1) The department shall determine the occupations for positions of employees in each agency. At any time, upon request of an agency, the department may amend the list of occupations for the requesting agency.
(2) Based on documentation to be submitted by each agency, the budget director shall determine the number of positions and employees (full-time equivalents) of each agency or program prior to preparation of the executive budget and before the beginning of each fiscal year. At any time, upon the request of the agency, the budget director may amend the number of positions or employees (full-time equivalents) in any agency or program.
(3) This section does not limit legislative authority to amend the determinations of the department or the budget director.
History: En. Sec. 10, Ch. 440, L. 1973; amd. Sec. 2, Ch. 181, L. 1975; R.C.M. 1947, 59-909; amd. Sec. 7, Ch. 81, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 2. Classification › 2-18-205. Repealed

2-18-205. Repealed.
Sec. 23, Ch. 81, L. 2007.
History: En. Sec. 12, Ch. 440, L. 1973; amd. Sec. 4, Ch. 181, L. 1975; R.C.M. 1947, 59-911; amd. Sec. 1, Ch. 468, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 2. Classification › 2-18-206. List of positions maintained

2-18-206. List of positions maintained.
To facilitate state budgeting and as directed by the budget director, each agency shall maintain a list of current authorized positions, the number of positions in each occupation, and the salaries or wages being paid, appropriated, or proposed for each position.
History: En. Sec. 9, Ch. 440, L. 1973; amd. Sec. 1, Ch. 181, L. 1975; R.C.M. 1947, 59-908; amd. Sec. 8, Ch. 81, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 2. Classification › 2-18-207. Repealed

2-18-207. Repealed.
Sec. 11, Ch. 7, L. 2009.
History: En. Sec. 11, Ch. 440, L. 1973; amd. Sec. 3, Ch. 181, L. 1975; R.C.M. 1947, 59-910; amd. Sec. 2, Ch. 468, L. 1979; amd. Sec. 9, Ch. 81, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 2. Classification › 2-18-208. Comparable worth

2-18-208. Comparable worth.
The department of administration shall, in its continuous efforts to enhance the current classification plan and pay schedules, work toward the goal of establishing a standard of equal pay for comparable worth. This standard for the classification plan shall be reached by:
(1) eliminating, in the classification of positions, the use of judgments and factors that contain inherent biases based on sex, as defined in 1-1-201; and
(2) comparing, in the classification of positions, the factors for determining job worth across occupational groups whenever those groups are dominated by males or females.
History: En. Sec. 1, Ch. 310, L. 1983; amd. Sec. 2, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 2. Classification › 2-18-209. Periodic evaluation

2-18-209. Periodic evaluation.
The department of administration shall periodically evaluate the extent to which Montana's classification plan, pay schedules, and statutes adhere to or fall short of the standard of equal pay for comparable worth. The department may make recommendations to the legislature regarding impediments to meeting this standard.
History: En. Sec. 2, Ch. 310, L. 1983; amd. Sec. 10, Ch. 112, L. 1991; amd. Sec. 8, Ch. 349, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 3. Compensation Determination › 2-18-301. Intent of part -- rules

2-18-301. Intent of part -- rules.
(1) It is the intent of the legislature that compensation plans for state employees, excluding those employees excepted under 2-18-103 or 2-18-104, be based, in part, on an analysis of the labor markets as provided by the department in a biennial salary survey. The salary survey must be submitted to the office of budget and program planning as a part of the information required by 17-7-111.
(2) Pay adjustments, if any, provided for in 2-18-303 supersede any other plan or systems established through collective bargaining after the adjournment of the legislature.
(3) Total funds required to implement the pay increases, if any, provided for in 2-18-303 for any employee group or bargaining unit may not be increased through collective bargaining over the amount appropriated by the legislature.
(4) When fiscally able, the department shall administer the pay program established by the legislature on the basis of competency, competitiveness to the external labor market, pay progression, and other nondiscriminatory factors, while considering pay relationships within an agency or pay unit.
(5) The broadband pay plan must consist of nine pay bands including occupational wage ranges based on an occupation and its job evaluation factor. Each occupational wage range must contain a salary range with a minimum, a market midpoint, and a maximum salary. The salary for an employee may be less than the minimum salary.
(6) Based on the biennial salary survey, the department shall:
(a) identify current market midpoints for all occupations; and
(b) establish the occupational wage range for each occupation.
(7) The department may promulgate rules not inconsistent with the provisions of this part, collective bargaining statutes, or negotiated contracts to carry out the purposes of this part.
(8) Nothing in this part prohibits the board of regents from engaging in negotiations with the collective bargaining units representing the classified staff of the university system.
History: En. 59-922 by Sec. 8, Ch. 563, L. 1977; R.C.M. 1947, 59-922; amd. Sec. 3, Ch. 678, L. 1979; amd. Sec. 3, Ch. 421, L. 1981; amd. Sec. 7, Ch. 710, L. 1983; amd. Sec. 1, Ch. 740, L. 1985; amd. Sec. 2, Ch. 661, L. 1987; amd. Sec. 4, Ch. 660, L. 1989; amd. Sec. 2, Ch. 720, L. 1991; amd. Sec. 9, Ch. 349, L. 1993; amd. Sec. 1, Ch. 640, L. 1993; amd. Sec. 5, Ch. 455, L. 1995; amd. Sec. 11, Ch. 42, L. 1997; amd. Sec. 4, Ch. 417, L. 1997; amd. Sec. 2, Ch. 558, L. 1999; amd. Sec. 1, Ch. 553, L. 2001; amd. Sec. 1, Ch. 552, L. 2003; amd. Sec. 1, Ch. 6, L. 2005; amd. Sec. 10, Ch. 81, L. 2007; amd. Sec. 3, Ch. 7, L. 2009; amd. Sec. 1, Ch. 385, L. 2013; amd. Sec. 5, Ch. 438, L. 2015; amd. Sec. 4, Ch. 430, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 3. Compensation Determination › 2-18-302. Salary schedules maintained by department

2-18-302. Salary schedules maintained by department.
The department shall maintain a schedule of all salaries paid to personnel of civil executive state offices and shall only approve payroll claims agreeing with that schedule. All changes in personnel or salary status shall be authorized as provided by law, and the department shall alter the schedule accordingly when notified by the authorizing agency. However, no changes in personnel or salary status may be authorized that will cause an agency to exceed its appropriation or that will result in a deficiency or supplemental appropriation request to the legislature.
History: En. Sec. 4, Ch. 97, L. 1961; amd. Sec. 49, Ch. 326, L. 1974; R.C.M. 1947, 82-109.4.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 3. Compensation Determination › 2-18-304. Longevity allowance

2-18-304. Longevity allowance.
(1) (a) In addition to the compensation provided for in 2-18-303, each employee who has completed 5 years of uninterrupted state service must receive 1.5% of the employee's base salary multiplied by the number of completed, contiguous 5-year periods of uninterrupted state service.
(b) In addition to the longevity allowance provided under subsection (1)(a), each employee who has completed 10 years of uninterrupted state service, 15 years of uninterrupted state service, 20 years of uninterrupted state service, or 25 years of uninterrupted state service must receive an additional 0.5% of the employee's base salary for each of those additional 5 years of uninterrupted service.
(c) Service to the state is not interrupted by authorized leaves of absence.
(2) (a) For the purpose of determining years of service under this section, an employee must be credited with 1 year of service for each period of:
(i) 2,080 hours of service following the employee's date of employment; an employee must be credited with 80 hours of service for each biweekly pay period in which the employee is in a pay status or on an authorized leave of absence without pay, regardless of the number of hours of service in the pay period; or
(ii) 12 uninterrupted calendar months following the employee's date of employment in which the employee was in a pay status or on an authorized leave of absence without pay, regardless of the number of hours of service in any month. An employee of a school at a state institution or the university system must be credited with 1 year of service if the employee is employed for an entire academic year.
(b) State agencies, other than the university system and a school at a state institution, shall use the method provided in subsection (2)(a)(i) to calculate years of service under this section.
(3) For the purposes of calculating longevity, employment as a short-term worker does not apply toward years of service.
History: En. 59-920 by Sec. 6, Ch. 563, L. 1977; R.C.M. 1947, 59-920; amd. Sec. 5, Ch. 678, L. 1979; amd. Sec. 9, Ch. 710, L. 1983; amd. Sec. 1, Ch. 593, L. 1985; amd. Sec. 4, Ch. 661, L. 1987; amd. Sec. 4, Ch. 720, L. 1991; amd. Sec. 7, Ch. 455, L. 1995; amd. Sec. 13, Ch. 42, L. 1997; amd. Sec. 6, Ch. 339, L. 1997; amd. Sec. 6, Ch. 417, L. 1997; amd. Sec. 4, Ch. 558, L. 1999; amd. Sec. 3, Ch. 6, L. 2005; amd. Sec. 12, Ch. 81, L. 2007; amd. Sec. 2, Ch. 171, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 3. Compensation Determination › 2-18-305. Repealed

2-18-305. Repealed.
Sec. 21, Ch. 455, L. 1995.
History: En. 59-919 by Sec. 5, Ch. 563, L. 1977; R.C.M. 1947, 59-919; amd. Sec. 6, Ch. 678, L. 1979; amd. Sec. 10, Ch. 710, L. 1983; amd. Sec. 5, Ch. 661, L. 1987; amd. Sec. 5, Ch. 720, L. 1991; amd. Sec. 3, Ch. 640, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 3. Compensation Determination › 2-18-306. Determination of weekly or hourly pay rate

2-18-306. Determination of weekly or hourly pay rate.
When the monthly or annual salary rate payable to an officer or employee of the state has been set by law or otherwise, notwithstanding any other provision of law, the weekly or hourly rate of pay shall be determined by dividing the annual salary by 52 weeks or 2,080 hours.
History: En. Sec. 9, Ch. 95, L. 1969; R.C.M. 1947, 25-507.9.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 3. Compensation Determination › 2-18-307. Repealed

2-18-307. Repealed.
Sec. 17, Ch. 678, L. 1979.
History: En. 59-921 by Sec. 7, Ch. 563, L. 1977; R.C.M. 1947, 59-921.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 18. State Employee Classification, Compensation, and Benefits › Part 3. Compensation Determination › 2-18-311. Repealed

2-18-311. Repealed.
Sec. 11, Ch. 661, L. 1987.
History: En. 59-917 by Sec. 3, Ch. 563, L. 1977; R.C.M. 1947, 59-917; amd. Sec. 7, Ch. 678, L. 1979; amd. Sec. 5, Ch. 421, L. 1981; amd. Sec. 1, Ch. 710, L. 1983; amd. Sec. 3, Ch. 740, L. 1985.