reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 2. Powers › 67-11-204. Joint board

67-11-204. Joint board.
(1) Public agencies acting jointly pursuant to 67-11-203 through 67-11-205 shall create a joint board that must consist of members appointed by the governing body of each participating public agency. The number of members to be appointed and their terms and compensation, if any, must be provided for in the joint agreement. A joint board shall organize, select officers for terms that are fixed by the agreement, and adopt and amend from time to time rules for its own procedure. The joint board, as agent of the participating public agencies, may plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police any airport or air navigation facility or airport hazard to be jointly acquired, controlled, and operated. Subject to subsection (2), the board may be authorized by the participating public agencies to exercise on behalf of its constituent public agencies all the powers of each public agency with respect to the airport, air navigation facility, or airport hazard.
(2) (a) The total expenditures to be made by the joint board for any purpose in a calendar year must be as determined by a budget approved by the constituent public agencies on or before the preceding June 10 or as otherwise specifically authorized by the constituent public agencies.
(b) An airport, air navigation facility, airport hazard, or real or personal property, the cost of which is in excess of sums fixed by the joint agreement or allotted in the annual budget, may not be acquired, established, or developed by the joint board without the approval of the governing bodies of its constituent public agencies.
(c) Eminent domain proceedings under 67-11-203 through 67-11-205 and Title 70, chapter 30, may be instituted by the joint board only by authority of the governing bodies of the constituent public agencies of the joint board. If authorized, the proceedings must be instituted in the names of the constituent public agencies jointly, and the property acquired must be held by the public agencies as tenants in common.
(d) The joint board may not dispose of any airport, air navigation facility, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies. However, the joint board may, without consent, enter into contracts, leases, or other arrangements contemplated by 67-11-211.
(e) Resolutions, rules, or orders of the joint board that deal with subjects authorized by 67-11-211 become effective only upon approval of the governing bodies of the constituent public agencies. However, upon approval, the resolutions, rules, or orders of the joint board have the same force in the territories or jurisdictions involved that the ordinances, resolutions, rules, or orders of each public agency would have in its own territory or jurisdiction.
History: En. 1-918 by Sec. 17, Ch. 433, L. 1971; amd. Sec. 8, Ch. 232, L. 1977; R.C.M. 1947, 1-918(3), (4); amd. Sec. 45, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 2. Powers › 67-11-205. Joint fund

67-11-205. Joint fund.
For the purpose of providing the joint board with moneys for the necessary expenditures in carrying out the provisions of 67-11-203 through 67-11-205, a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Any federal, state, or other grants, contributions, or loans and the revenues obtained from the joint ownership, control, and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund. Disbursements from such fund shall be made by order of the board, subject to the limitations prescribed in 67-11-204(2).
History: En. 1-918 by Sec. 17, Ch. 433, L. 1971; amd. Sec. 8, Ch. 232, L. 1977; R.C.M. 1947, 1-918(5).
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 2. Powers › 67-11-206. Supplementary powers

67-11-206. Supplementary powers.
In addition to the general and special powers conferred by this chapter, every authority is authorized to exercise such powers as are necessary incidental to the exercise of such general and special powers.
History: En. 1-923 by Sec. 22, Ch. 433, L. 1971; R.C.M. 1947, 1-923.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 2. Powers › 67-11-211. Granting of operation and use privileges

67-11-211. Granting of operation and use privileges.
(1) In connection with the operation of an airport or air navigation facility owned or controlled by an authority, the authority may enter into contracts, leases, and other arrangements for terms not to exceed 50 years with any persons:
(a) granting the privilege of using or improving the airport or air navigation facility or any portion or facility of or space in the airport or air navigation facility for commercial purposes;
(b) conferring the privilege of supplying goods, commodities, things, services, or facilities at the airport or air navigation facility; and
(c) making available services to be furnished by the authority or its agents at the airport or air navigation facility.
(2) In each case, the authority may establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service; provided that the public may not be deprived of its rightful, equal, and uniform use of the airport, air navigation facility, or portion or facility of the airport or air navigation facility.
(3) Except as may be limited by the terms and conditions of any grant, loan, or agreement authorized by 67-11-305, an authority may by contract, lease, or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed 50 years the privilege of operating, as agent of the authority or otherwise, any airport owned or controlled by the authority; provided that a person may not be granted any authority to operate an airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport which the authority might not have undertaken under subsections (1) and (2).
History: En. 1-913 by Sec. 12, Ch. 433, L. 1971; R.C.M. 1947, 1-913; amd. Sec. 18, Ch. 140, L. 1979; amd. Sec. 2, Ch. 268, L. 1993; amd. Sec. 1, Ch. 358, L. 2023.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 2. Powers › 67-11-221. Exercise of airport authority powers by department -- exceptions

67-11-221. Exercise of airport authority powers by department -- exceptions.
The department shall have all powers of an airport authority, except powers to certify or levy taxes or issue bonds, for constructing and operating public airports or landing fields near international border ports of entry and near state or national parks or near or in recreational areas as the department may determine to be in the public interest.
History: En. 1-902 by Sec. 2, Ch. 433, L. 1971; amd. Sec. 43, Ch. 348, L. 1974; R.C.M. 1947, 1-902.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 2. Powers › 67-11-222. Department control of airport operation and income

67-11-222. Department control of airport operation and income.
The department may control the operation of airports constructed under the provisions of 67-11-221 and may provide for the imposition of landing fees, granting of fuel and service concessions, or the lease of portions of the premises for other related airport services or for purposes not inconsistent with the use of the premises for airport purposes. All income from the operation of such airports shall be deposited in the state treasury in the airport operating account within the enterprise fund. All expenditures from the account shall be within the limits of legislative appropriations and shall be made upon vouchers signed and approved by the director of the department.
History: En. 1-903 by Sec. 3, Ch. 433, L. 1971; amd. Sec. 44, Ch. 348, L. 1974; amd. Sec. 6, Ch. 232, L. 1977; R.C.M. 1947, 1-903; amd. Sec. 3, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 2. Powers › 67-11-231. Airport property -- acquisition by eminent domain

67-11-231. Airport property -- acquisition by eminent domain.
In the acquisition of property by eminent domain proceedings authorized by this chapter, an airport authority shall proceed as provided in Title 70, chapter 30. The municipality is not precluded from abandoning the proceedings in any case in which possession of the property has not been taken.
History: En. 1-910 by Sec. 9, Ch. 433, L. 1971; R.C.M. 1947, 1-910; amd. Sec. 46, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 2. Powers › 67-11-232. Airport property -- disposal

67-11-232. Airport property -- disposal.
Except as may be limited by the terms and conditions of any grant, loan, or agreement authorized by 67-11-305, an authority may, by sale, lease, or otherwise, dispose of any airport, air navigation facility, or other property or portion of or interest in an airport or facility acquired pursuant to this chapter. The disposal by sale, lease, or otherwise must be in accordance with the adopted rules of the authority, which rules must be approved by the local governing body, for the disposal of county property, except that in the case of disposal to another authority, a municipality, or an agency of the state or federal government for use and operation as a public airport, the sale, lease, or other disposal may be effected in a manner and upon terms as the commissioners of the authority consider to be in the best interest of civil aviation.
History: En. 1-911 by Sec. 10, Ch. 433, L. 1971; R.C.M. 1947, 1-911; amd. Sec. 6, Ch. 279, L. 1993.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 2. Powers › 67-11-241. No limitation on airport hazard zoning

67-11-241. No limitation on airport hazard zoning.
Nothing contained in this chapter limits any right, power, or authority of a municipality to regulate airport hazards by zoning or by establishing airport affected area regulations as provided in Title 67, chapter 7.
History: En. 1-924 by Sec. 23, Ch. 433, L. 1971; R.C.M. 1947, 1-924; amd. Sec. 27, Ch. 300, L. 2005.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 3. Finance › 67-11-301. Municipal tax levy

67-11-301. Municipal tax levy.
The airport authority may certify annually to the governing bodies the amount of tax requested to be levied by each municipality participating in the creation of the airport authority, and subject to 15-10-420, the municipality shall levy the amount certified, pursuant to provisions of law authorizing cities and other political subdivisions of this state to levy taxes for airport purposes. The levy may not exceed the maximum levy that may have been established by the municipality or municipalities in the resolution creating the authority. The municipality shall collect the taxes certified by an airport authority in the same manner as other taxes are levied and collected and make payment to the airport authority. The proceeds of the taxes paid to the airport authority must be deposited in a special account or accounts in which other revenue of the authority is deposited and may be expended by the authority as provided for in this chapter. Prior to the issuance of bonds under 67-11-303, the airport authority or the municipality may by resolution covenant that the total amount of the taxes authorized by law or the portion of the taxes specified by the resolution will, subject to 15-10-420, be certified, levied, and deposited annually until the bonds and interest are fully paid.
History: En. 1-916 by Sec. 15, Ch. 433, L. 1971; amd. Sec. 2, Ch. 501, L. 1973; R.C.M. 1947, 1-916; amd. Sec. 134, Ch. 584, L. 1999; amd. Sec. 184, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 3. Finance › 67-11-302. County tax levy

67-11-302. County tax levy.
Subject to 15-10-420, in counties supporting airports or airport authorities, a levy as provided for in 67-10-402 may be made for airport authority purposes.
History: En. 1-917 by Sec. 16, Ch. 433, L. 1971; R.C.M. 1947, 1-917; amd. Sec. 135, Ch. 584, L. 1999.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 3. Finance › 67-11-304. Reserve fund

67-11-304. Reserve fund.
An airport authority may create a reserve fund for the use, repairs, maintenance, and capital outlays of an airport.
History: En. 1-906 by Sec. 6, Ch. 433, L. 1971; amd. Sec. 1, Ch. 86, L. 1975; R.C.M. 1947, 1-906; amd. Sec. 29, Ch. 281, L. 1983; amd. Sec. 7, Ch. 279, L. 1993.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 3. Finance › 67-11-305. Federal and state money

67-11-305. Federal and state money.
(1) An authority may accept, receive, receipt for, and spend federal and state moneys and other moneys, public or private, made available by grant or loan, to accomplish any of the purposes of this chapter. All federal moneys accepted under this section shall be accepted and spent by the authority upon terms and conditions prescribed by the United States and consistent with state law. All state moneys accepted under this section shall be accepted and spent by the authority upon terms and conditions prescribed by the state.
(2) An authority may designate the department as its agent to accept, receive, receipt for, and disburse federal and state moneys and other moneys, public or private, made available by grant or loan, to accomplish in whole or in part any of the purposes of this chapter and may designate the department as its agent in contracting for and supervising the planning, acquisition, development, construction, improvement, maintenance, equipment, or operation of any airport or other air navigation facility. An authority may enter into an agreement with the department prescribing the terms and conditions of the agency in accordance with terms and conditions prescribed by the United States, if federal money is involved, and in accordance with the applicable laws of this state. All federal moneys accepted under this section by the department shall be accepted and transferred or spent by the department upon terms and conditions prescribed by the United States. All moneys received by the department under this subsection shall be deposited in the state treasury and, unless otherwise prescribed by the agency from which the moneys were received, shall be kept in separate funds designated according to the purposes for which the moneys were made available and held by the state in trust for those purposes.
History: En. 1-915 by Sec. 14, Ch. 433, L. 1971; amd. Sec. 45, Ch. 348, L. 1974; R.C.M. 1947, 1-915.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 3. Finance › 67-11-306. Tax exemption

67-11-306. Tax exemption.
Any property in this state acquired by an authority for airport purposes, pursuant to the provisions of this chapter, and any income derived by the authority from the ownership, operation, or control of the property is exempt from taxation and any other charges to the same extent as other property used for public purpose.
History: En. 1-920 by Sec. 19, Ch. 433, L. 1971; R.C.M. 1947, 1-920; amd. Sec. 3, Ch. 268, L. 1993.
2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 11. Airport Authorities › Part 4. Extraterritorial Airports › 67-11-401. Out-of-state airport jurisdiction -- reciprocity

67-11-401. Out-of-state airport jurisdiction -- reciprocity.
(1) For the purpose of this section, "governmental agency" means any municipality, city, town, county, public corporation, or other public agency.
(2) The state or any governmental agency of this state having any powers with respect to planning, establishing, acquiring, developing, constructing, enlarging, improving, maintaining, equipping, operating, regulating, or protecting airports or air navigation facilities within this state may exercise those powers within any state or jurisdiction adjoining this state, subject to the laws of that state or jurisdiction.
(3) (a) A state adjoining this state or any governmental agency of an adjoining state may plan, establish, acquire, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports and air navigation facilities within this state, subject to the laws of this state applicable to airports and air navigation facilities. Subject to subsection (3)(b), the adjoining state or governmental agency has the power of eminent domain in this state, which must be exercised as provided in Title 70, chapter 30.
(b) The power of eminent domain may not be exercised unless the adjoining state authorizes the exercise of that power in the adjoining state by this state or any governmental agency of this state having any of the powers mentioned in this section.
(4) The powers granted in this section may be exercised jointly by two or more states or governmental agencies, including this state and its governmental agencies, in a combination that may be agreed upon by the states or governmental agencies.
History: En. 1-922 by Sec. 21, Ch. 433, L. 1971; R.C.M. 1947, 1-922; amd. Sec. 47, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-101. Definition of commission

69-1-101. Definition of commission.
As used in this title, the term "commission" means the public service commission provided for in 2-15-2602.
History: En. by Code Commissioner, 1979.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-102. Creation of public service commission

69-1-102. Creation of public service commission.
A public service commission is hereby created, whose duty it is to supervise and regulate the operations of public utilities, common carriers, railroads, and other regulated industries listed in this title. Such supervision and regulation shall be in conformity with this title.
History: En. Sec. 1, Ch. 52, L. 1913; re-en. Sec. 3879, R.C.M. 1921; re-en. Sec. 3879, R.C.M. 1935; amd. Sec. 1, Ch. 339, L. 1974; R.C.M. 1947, 70-101(part); amd. Sec. 1, Ch. 43, L. 1979.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-103. Composition of commission

69-1-103. Composition of commission.
The commission shall consist of five members, who shall be qualified electors of the district from which they are elected, with each such member elected from a separate district of the state.
History: En. Sec. 1, Ch. 52, L. 1913; re-en. Sec. 3879, R.C.M. 1921; re-en. Sec. 3879, R.C.M. 1935; amd. Sec. 1, Ch. 339, L. 1974; R.C.M. 1947, 70-101(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-104. Public service commission districts

69-1-104. Public service commission districts.
(1) In this state there are five public service commission districts, with one commissioner elected from each district. Districts are based on the house districts submitted as part of the redistricting plan to the secretary of state pursuant to Article V, section 14, of the Montana constitution. The house districts are distributed as follows:
(a) first district: 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 43, 44, 45;
(b) second district: 39, 40, 41, 42, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 61, 62;
(c) third district: 37, 60, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 77, 78, 79, 85, 86;
(d) fourth district: 1, 2, 6, 8, 9, 10, 12, 13, 14, 87, 88, 89, 90, 93, 94, 95, 96, 97, 98, 100; and
(e) fifth district: 3, 4, 5, 7, 11, 15, 16, 17, 18, 24, 25, 76, 80, 81, 82, 83, 84, 91, 92, 99.
(2) During a legislative session and following the receipt of the latest official final decennial census data, the legislature:
(a) shall evaluate existing commission districts;
(b) may adjust commission boundaries to comply with the United States constitution;
(c) shall prepare and adopt a final commission district map; and
(d) shall file the final commission district map with the secretary of state.
History: En. 70-101.1 by Sec. 2, Ch. 339, L. 1974; R.C.M. 1947, 70-101.1; amd. Sec. 1, Ch. 294, L. 2003; amd. Sec. 1, Ch. 272, L. 2023.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-105. Term of office -- term limits

69-1-105. Term of office -- term limits.
(1) A term is for a period of 4 years. A commissioner when elected shall qualify at the time and in the manner provided by law for other state officers and shall take office on the first Monday of January after the election.
(2) A commissioner shall serve until a successor is elected and qualified.
(3) The secretary of state or other authorized official may not certify a candidate's nomination or election to the public service commission or print or cause to be printed on any ballot the name of a candidate for the public service commission if, at the end of the current term of that office, the candidate will have served in that office or, had the candidate not resigned or been recalled, would have served in that office for 8 or more years in a 16-year period.
(4) When computing the time served for the purposes of subsection (3), the provisions of subsection (3) do not apply to time served in terms that ended during or prior to January 1995.
History: En. Sec. 1, Ch. 52, L. 1913; re-en. Sec. 3879, R.C.M. 1921; re-en. Sec. 3879, R.C.M. 1935; amd. Sec. 1, Ch. 339, L. 1974; R.C.M. 1947, 70-101(part); amd. Sec. 1, Ch. 271, L. 1995.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-106. Vacancies

69-1-106. Vacancies.
(1) Any vacancy occurring in the commission must be filled by appointment by the governor as provided in this section. The appointee shall hold office until the next general election and until a successor is elected and qualified. At the biennial election following the occurrence of any vacancy in the commission, there must be elected one member to fill out the unexpired term for which the vacancy exists.
(2) (a) When a vacancy occurs, if the former incumbent represented a party eligible for primary election under 13-10-601, the person appointed by the governor must be a member of the same political party and must be selected by the governor as provided in subsections (3) and (4).
(b) If the former incumbent was an independent or was originally nominated from a party that does not meet the requirements of 13-10-601, the governor shall appoint an individual to the vacant position within 45 days of receiving notification from the secretary of state of the vacancy.
(3) Within 7 days of being notified of a vacancy as described in 2-16-501, the secretary of state shall notify the governor and, if the former incumbent represented a party eligible for primary election under 13-10-601, the state party that was represented by the former incumbent.
(4) (a) Upon receipt of a notification of a vacancy, the state party central committee notified pursuant to subsection (3) has 30 days to forward to the governor a list of three prospective appointees, each of whom must be a resident of the district represented by the former incumbent.
(b) If the governor does not select an appointee from the list forwarded pursuant to subsection (4)(a) within 15 days, the central committee shall, within 15 days, forward a second list of three prospective appointees, each of whom must be a resident of the district represented by the former incumbent. The second list may not contain a name submitted on the first list. Within 15 days of receipt of the second list, the governor shall select an appointee from either list.
History: En. Sec. 1, Ch. 52, L. 1913; re-en. Sec. 3879, R.C.M. 1921; re-en. Sec. 3879, R.C.M. 1935; amd. Sec. 1, Ch. 339, L. 1974; R.C.M. 1947, 70-101(part); amd. Sec. 1979, Ch. 56, L. 2009; amd. Sec. 1, Ch. 226, L. 2015.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-107. Presiding officer of commission

69-1-107. Presiding officer of commission.
A presiding officer must be selected by the commission from its membership at the first meeting of each year after a general election.
History: En. Sec. 1, Ch. 52, L. 1913; re-en. Sec. 3879, R.C.M. 1921; re-en. Sec. 3879, R.C.M. 1935; amd. Sec. 1, Ch. 339, L. 1974; R.C.M. 1947, 70-101(part); amd. Sec. 1980, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-108. Repealed

69-1-108. Repealed.
Sec. 5, Ch. 35, L. 2009.
History: (1)En. Sec. 5, Ch. 37, L. 1907; Sec. 4367, Rev. C. 1907; re-en. Sec. 3783, R.C.M. 1921; rep. in part by Ch. 176, L. 1931; re-en. Sec. 3783, R.C.M. 1935; Sec. 72-105, R.C.M. 1947; (2)En. Sec. 9, Ch. 37, L. 1907; Sec. 4371, Rev. C. 1907; re-en. Sec. 3790, R.C.M. 1921; re-en. Sec. 3790, R.C.M. 1935; Sec. 72-112, R.C.M. 1947; R.C.M. 1947, 72-105(part), 72-112; amd. Sec. 2, Ch. 43, L. 1979.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-109. Repealed

69-1-109. Repealed.
Sec. 5, Ch. 35, L. 2009.
History: En. Sec. 5, Ch. 37, L. 1907; Sec. 4367, Rev. C. 1907; re-en. Sec. 3783, R.C.M. 1921; rep. in part by Ch. 176, L. 1931; re-en. Sec. 3783, R.C.M. 1935; R.C.M. 1947, 72-105(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-110. Conduct of commission business

69-1-110. Conduct of commission business.
(1) The commission shall hold sessions at times and places in this state as may be expedient. A majority of the commission constitutes a quorum for the transaction of business.
(2) The members of the commission may administer oaths and affirmations.
(3) The commission may adopt rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings concerning railroad companies and other parties before it in the establishment of rates, orders, charges, and other acts required of it under the law.
History: En. Sec. 3, Ch. 37, L. 1907; Sec. 4365, Rev. C. 1907; re-en. Sec. 3781, R.C.M. 1921; re-en. Sec. 3781, R.C.M. 1935; amd. Sec. 10, Ch. 315, L. 1974; R.C.M. 1947, 72-103.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-111. Reimbursement for expenses

69-1-111. Reimbursement for expenses.
The commission and its staff are entitled to reimbursement for travel expenses, as provided for in 2-18-501 through 2-18-503. Expenditures must be sworn to by the person who incurred the expenses and be approved by the presiding officer of the commission or the presiding officer's designee.
History: Ap. p. Sec. 32, Ch. 52, L. 1913; re-en. Sec. 3912, R.C.M. 1921; re-en. Sec. 3912, R.C.M. 1935; amd. Sec. 47, Ch. 439, L. 1975; amd. Sec. 1, Ch. 205, L. 1977; Sec. 70-134, R.C.M. 1947; Ap. p. Sec. 7, Ch. 37, L. 1907; Sec. 4369, Rev. C. 1907; re-en. Sec. 3785, R.C.M. 1921; re-en. Sec. 3785, R.C.M. 1935; amd. Sec. 11, Ch. 315, L. 1974; amd. Sec. 49, Ch. 439, L. 1975; Sec. 72-107, R.C.M. 1947; R.C.M. 1947, 70-134, 72-107; amd. Sec. 2, Ch. 35, L. 2009; amd. Sec. 1982, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-112. Prohibition on acceptance of favors from railroads

69-1-112. Prohibition on acceptance of favors from railroads.
(1) Public service commissioners or their staff may not, directly or indirectly, solicit or request from or recommend to any railroad corporation or any officer, attorney, or agent the appointment of any person to any place or position, and any railroad corporation or its attorney or agent may not offer any place, appointment, or position or other consideration to commissioners or their staff. Commissioners and their staff may not accept, receive, or request any pass from any railroad in this state for themselves or for any other person, except as otherwise provided in 69-1-111, or any present, gift, or gratuity of any kind from any railroad corporation.
(2) A request or acceptance, except as specified in 69-1-111, of any place or position, pass, present, gift, or other gratuity referred to in subsection (1) results in forfeiture of the office of the commissioner or the staff requesting or accepting the same. A person violating any of the provisions of this section is guilty of a misdemeanor.
History: En. Sec. 31, Ch. 37, L. 1907; Sec. 4394, Rev. C. 1907; re-en. Sec. 3813, R.C.M. 1921; re-en. Sec. 3813, R.C.M. 1935; amd. Sec. 14, Ch. 315, L. 1974; R.C.M. 1947, 72-136; amd. Sec. 3, Ch. 35, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-113. Removal or suspension of commissioner

69-1-113. Removal or suspension of commissioner.
If a commissioner fails to perform the commissioner's duties as provided in this title, the commissioner may be removed from office as provided by 45-7-401. Upon complaint made and good cause shown, the governor may suspend any commissioner, and if, in the governor's judgment the exigencies of the case require, the governor may appoint temporarily some competent person to perform the duties of the suspended commissioner during the period of the suspension.
History: En. Sec. 34, Ch. 37, L. 1907; Sec. 4397, Rev. C. 1907; re-en. Sec. 3816, R.C.M. 1921; re-en. Sec. 3816, R.C.M. 1935; R.C.M. 1947, 72-139(part); amd. Sec. 3, Ch. 43, L. 1979; amd. Sec. 1983, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-114. Fees

69-1-114. Fees.
(1) Each fee charged by the commission must be reasonable.
(2) Except for a fee assessed pursuant to 69-3-204(2), 69-3-1204(6)(b), 69-3-1207(4)(b), 69-3-1612(4), or 69-12-423(2), a fee set by the commission may not exceed $500.
(3) All fees collected by the department under 69-3-1204(6)(b) and 69-3-1207(4)(b) must be deposited in an account in the special revenue fund. Funds in this account must be used as provided in 69-3-1204(6)(b) and 69-3-1207(4)(b).
(4) All fees collected by the commission under 69-3-1612(4) must be treated as financing costs and used in accordance with a financing order issued in accordance with 69-3-1606.
History: En. Sec. 3, Ch. 588, L. 1983; amd. Sec. 4, Ch. 509, L. 2003; amd. Sec. 1, Ch. 224, L. 2005; amd. Sec. 4, Ch. 491, L. 2007; amd. Sec. 20, Ch. 442, L. 2019; amd. Sec. 5, Ch. 449, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 1. Public Service Commission › 69-1-115. Commission recordkeeping and employment of personnel

69-1-115. Commission recordkeeping and employment of personnel.
(1) The commission shall keep a full and complete record of all its proceedings and preserve at the office of the commission all books, maps, documents, and papers entrusted to its care.
(2) The commission may appoint secretaries, stenographers, inspectors, experts, and other persons whenever determined necessary by the commission to perform its duties.
History: En. Sec. 1, Ch. 35, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 2. Consumer Committee and Consumer Counsel › 69-1-201. Definitions

69-1-201. Definitions.
As used in this part and part 2 of chapter 2, the following definitions apply:
(1) "Committee" means the legislative consumer committee provided for in Title 5, chapter 15, part 1.
(2) "Consumer counsel" means the consumer counsel provided for in Title 5, chapter 15, part 2.
(3) "Regulated companies" means all those organizations, corporations, associations, or other public or private entities which now are or may hereafter become subject to regulation in any manner by the department of public service regulation or the public service commission or any successor agency.
History: Ap. p. Sec. 2, Ch. 65, L. 1973; Sec. 70-702, R.C.M. 1947; (2)En. by Code Commissioner, 1979; R.C.M. 1947, 70-702(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 2. Consumer Committee and Consumer Counsel › 69-1-211. Meetings of committee

69-1-211. Meetings of committee.
The committee shall meet at least once each quarter to advise and consult with the consumer counsel.
History: En. Sec. 4, Ch. 65, L. 1973; amd. Sec. 1, Ch. 341, L. 1974; amd. Sec. 7, Ch. 103, L. 1977; R.C.M. 1947, 70-704(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 2. Consumer Committee and Consumer Counsel › 69-1-212. Compensation of committee members

69-1-212. Compensation of committee members.
Committee members are entitled to receive compensation and expenses as provided in 5-2-302.
History: En. Sec. 4, Ch. 65, L. 1973; amd. Sec. 1, Ch. 341, L. 1974; amd. Sec. 7, Ch. 103, L. 1977; R.C.M. 1947, 70-704(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 2. Consumer Committee and Consumer Counsel › 69-1-221. Staff of consumer counsel

69-1-221. Staff of consumer counsel.
The consumer counsel may, with the approval of the committee, appoint employees and consultants necessary to carry out the provisions of this part and part 2 of chapter 2, within the limits of legislative appropriation.
History: En. Sec. 6, Ch. 65, L. 1973; R.C.M. 1947, 70-706.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 2. Consumer Committee and Consumer Counsel › 69-1-222. Annual report

69-1-222. Annual report.
(1) The consumer counsel shall prepare and submit a yearly report and other interim reports to the consumer committee that the consumer counsel determines advisable concerning the consumer counsel's activities during the year. The consumer counsel also may recommend appropriate remedial legislation to the committee.
(2) The annual report and any recommendations for remedial legislation prepared in accordance with subsection (1) must also be provided to the energy and telecommunications interim committee in accordance with 5-11-210.
History: En. Sec. 7, Ch. 65, L. 1973; amd. Sec. 2, Ch. 341, L. 1974; amd. Sec. 2, Ch. 138, L. 1975; amd. Sec. 1, Ch. 136, L. 1977; R.C.M. 1947, 70-707(7); amd. Sec. 1984, Ch. 56, L. 2009; amd. Sec. 96, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 2. Consumer Committee and Consumer Counsel › 69-1-223. Funding of office of consumer counsel

69-1-223. Funding of office of consumer counsel.
(1) There is an account in the state special revenue fund to which all fees collected under this section must be deposited and from which all appropriations to the office of the consumer counsel must be paid. An appropriation to the office of the consumer counsel may consist of a base appropriation for regular operating expenses and a contingency appropriation for expenses due to an unanticipated caseload.
(2) In addition to all other licenses, fees, and taxes imposed by law, all regulated companies shall:
(a) within 30 days after the close of each calendar quarter, file with the department of public service regulation and the department of revenue a statement, in a form that the commission and department may determine, showing the gross operating revenue from all activities regulated by the commission within the state for that calendar quarter of operation or portion of a quarter, separately stating gross revenue from sales to other regulated companies for resale; and
(b) at that time pay to the department of revenue a fee based on a percentage of the gross operating revenue reported, as determined by the department of revenue under 69-1-224.
(3) The amount of money which may be raised by the fee on the regulated companies during a fiscal year may not be increased, except as provided in 69-1-224(1)(c), from the amount appropriated, including both base and contingency appropriations, by the legislature for that fiscal year. Any additional money required for operation of the office of the consumer counsel must be obtained from other sources in a manner authorized by the legislature.
History: En. Sec. 9, Ch. 65, L. 1973; amd. Sec. 1, Ch. 319, L. 1974; R.C.M. 1947, 70-709(1), (2); amd. Sec. 1, Ch. 280, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 2, Ch. 647, L. 1987; amd. Sec. 1, Ch. 508, L. 1993.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 2. Consumer Committee and Consumer Counsel › 69-1-225. Computation and collection of fee in absence of statement -- penalty and interest

69-1-225. Computation and collection of fee in absence of statement -- penalty and interest.
(1) If a regulated company or an officer or employee of a regulated company fails, neglects, or refuses to file the statement required by 69-1-223(2), the department of revenue may after the time for filing has expired proceed to inform itself, as best it may, regarding the regulated company's gross operating revenue from all activities regulated by the commission within the state for the calendar quarter, quarters, or portion thereof and may determine and fix the amount of the consumer counsel fee due.
(2) (a) When a deficiency is determined and the fee becomes final, the department shall mail a notice and demand for payment to the regulated company. The fee is due and payable at the expiration of 10 days after the notice and demand were mailed. Interest on any deficiency assessment bears interest until paid, at the rate of 1% a month or fraction of a month, computed from the original due date of the return.
(b) If payment is not made within 10 days, the amount of the deficiency is considered delinquent. A 10% penalty must be added to the amount of the deficiency.
(c) The taxpayer may seek review of the department's action pursuant to 15-1-211.
(3) The 10% penalty may be waived by the department of revenue if reasonable cause for failure and neglect to file the statement is provided to the department.
History: En. Sec. 1, Ch. 195, L. 1979; amd. Secs. 8, 19, Ch. 676, L. 1991; amd. Sec. 27, Ch. 811, L. 1991.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 2. Consumer Committee and Consumer Counsel › 69-1-226. Failure to pay fee -- penalty and interest -- collection of fee

69-1-226. Failure to pay fee -- penalty and interest -- collection of fee.
(1) If a regulated company or an officer or employee of a regulated company files the statement required by 69-1-223(2) but fails, neglects, or refuses to pay the fee due within the time required, the department of revenue may after the time for payment has expired add to the fee due, in addition to any other penalty provided by law, a penalty of 10% thereof plus interest at the rate of 1% per month or fraction of month computed on the total amount of the fee. Interest is computed from the date the fee is due to the date of payment.
(2) The department of revenue shall mail to the regulated company a notice, pursuant to 15-1-211, setting forth the amount of the fee, penalty, and interest. The taxpayer may seek review of the department's action pursuant to 15-1-211.
(3) The 10% penalty may be waived by the department of revenue if reasonable cause for failure and neglect to make payment is provided to the department.
History: En. Sec. 2, Ch. 195, L. 1979; amd. Sec. 51, Ch. 439, L. 1981; amd. Sec. 9, Ch. 676, L. 1991; amd. Sec. 28, Ch. 811, L. 1991.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 2. Consumer Committee and Consumer Counsel › 69-1-227. Warrant for distraint

69-1-227. Warrant for distraint.
If the fee imposed by this part is not paid when due, the department may issue a warrant for distraint as provided in Title 15, chapter 1, part 7. The resulting lien has precedence over any claim, lien, or demand thereafter filed and recorded.
History: En. Sec. 3, Ch. 195, L. 1979; amd. Sec. 52, Ch. 439, L. 1981.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 2. Consumer Committee and Consumer Counsel › 69-1-228. Credit for overpayment -- interest on overpayment

69-1-228. Credit for overpayment -- interest on overpayment.
(1) If the department of revenue determines that the amount of fee, penalty, or interest paid for any year is more than the amount due, the amount of the overpayment must be credited against any tax, penalty, or interest then due from the taxpayer and the balance refunded to the taxpayer or the taxpayer's successor through reorganization, merger, or consolidation or to the taxpayer's shareholders upon dissolution.
(2) Except as provided in subsection (3), interest is allowed on overpayments at the same rate as is charged on deficiency assessments from the due date of the return or from the date of overpayment, whichever date is later, to the date the department of revenue approves refunding or crediting of the overpayment.
(3) (a) Interest does not accrue during any period in which the processing of a claim for a refund is delayed more than 30 days by reason of failure of the taxpayer to furnish information requested by the department of revenue for the purpose of verifying the amount of the overpayment.
(b) Interest is not allowed:
(i) if the overpayment is refunded within 6 months from the date the return is due or from the date the return is filed, whichever is later; or
(ii) if the amount of interest is less than $1.
(c) Only a payment made incident to a bona fide and orderly discharge of actual tax liability or one reasonably assumed to be imposed by this chapter is considered an overpayment with respect to which interest is allowable.
History: En. Sec. 11, Ch. 676, L. 1991.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 2. Consumer Committee and Consumer Counsel › 69-1-230. Statute of limitations

69-1-230. Statute of limitations.
(1) Except as provided in subsection (3), a deficiency may not be assessed or collected with respect to the year for which a return is filed unless the notice of the additional fee proposed to be assessed is mailed within 5 years from the date the return was filed. For purposes of this section, a return filed before the last day prescribed for filing is considered as filed on the last day. If the taxpayer, before the expiration of the period prescribed for assessment of the fee, consents in writing to an assessment after that time, the fee may be assessed at any time prior to the expiration of the period agreed upon.
(2) A refund or credit may not be allowed or paid with respect to the year for which a return is filed after 5 years from the last day prescribed for filing the return or after 1 year from the date of the overpayment, whichever period expires later, unless before the expiration of the period the taxpayer files a claim or the department of revenue determines the existence of the overpayment and approves the refund or credit. If the taxpayer has agreed in writing under the provisions of subsection (1) to extend the time within which the department of revenue may propose an additional assessment, the period within which a claim for refund or credit may be filed or a credit or refund allowed if no claim is filed is automatically extended.
(3) If a return is required to be filed and the taxpayer fails to file the return, the tax may be assessed or an action to collect the tax may be brought at any time. If a return is required to be filed and the taxpayer files a fraudulent return, the 5-year period provided for in subsection (1) does not begin until discovery of the fraud by the department of revenue.
History: En. Sec. 15, Ch. 676, L. 1991.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 4. Funding of Department of Public Service Regulation › 69-1-401. Definitions

69-1-401. Definitions.
As used in this part, the following definitions apply:
(1) "Department" means the department of public service regulation provided for in Title 2, chapter 15, part 26.
(2) "Regulated companies" means all organizations, corporations, associations, or other public or private entities which now are or may hereafter become subject to regulation in any manner by the department of public service regulation, the public service commission, or any successor agency. The term does not include motor carriers regulated pursuant to Title 69, chapter 12.
History: En. Sec. 1, Ch. 32, Sp. L. June 1986.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 4. Funding of Department of Public Service Regulation › 69-1-402. Funding of department of public service regulation

69-1-402. Funding of department of public service regulation.
(1) All fees collected under this section and any other fees, except as provided in 69-1-114(3), must be deposited in an account in the state special revenue fund to the credit of the department. An appropriation to the department may consist of a base appropriation for regular operating expenses and a contingency appropriation for expenses due to an unanticipated caseload.
(2) In addition to all other licenses, fees, and taxes imposed by law, all regulated companies shall, within 30 days after the close of each calendar quarter, pay to the department of revenue a fee based on a percentage of gross operating revenue reported pursuant to 69-1-223(2)(a), as determined by the department of revenue under 69-1-403.
(3) The amount of money that may be raised by the fee on the regulated companies during a fiscal year may not be increased, except as provided in 69-1-224(1)(c), from the amount appropriated to the department by the legislature for that fiscal year, including both base and contingency appropriations. Any additional money required for operation of the department must be obtained from other sources in a manner authorized by the legislature.
History: En. Sec. 2, Ch. 32, Sp. L. June 1986; amd. Sec. 4, Ch. 647, L. 1987; amd. Sec. 3, Ch. 508, L. 1993; amd. Sec. 2, Ch. 224, L. 2005; amd. Sec. 16, Ch. 6, Sp. L. November 2017.