reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 1. Districting and Apportionment Commission › 5-1-104. Compensation and expenses

5-1-104. Compensation and expenses.
Commissioners are entitled to the same compensation and expenses as provided to members of the legislature in 5-2-302 while attending commission meetings or carrying out the official duties of the commission.
History: En. Sec. 4, Ch. 21, L. 1973; amd. Sec. 18, Ch. 439, L. 1975; R.C.M. 1947, 43-111; amd. Sec. 1, Ch. 69, L. 1983.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 1. Districting and Apportionment Commission › 5-1-105. Restriction on commissioners seeking election to legislature

5-1-105. Restriction on commissioners seeking election to legislature.
A member of the commission may not run for election to a legislative seat within 2 years after the districting and apportionment plan in which the commissioner participated becomes effective.
History: En. Sec. 11, Ch. 21, L. 1973; R.C.M. 1947, 43-118; amd. Sec. 215, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 1. Districting and Apportionment Commission › 5-1-106. Legislative services division to provide technical and clerical services

5-1-106. Legislative services division to provide technical and clerical services.
The executive director of the legislative services division, under the direction of the commission, shall provide the technical staff and clerical services that the commission needs to prepare its districting and apportionment plans.
History: En. Sec. 5, Ch. 21, L. 1973; R.C.M. 1947, 43-112; amd. Sec. 2, Ch. 477, L. 1983; amd. Sec. 13, Ch. 545, L. 1995.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 1. Districting and Apportionment Commission › 5-1-107. Assistance of state agencies

5-1-107. Assistance of state agencies.
Upon request state agencies shall cooperate with the commission and furnish technical assistance and consulting personnel.
History: En. Sec. 6, Ch. 21, L. 1973; R.C.M. 1947, 43-113.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 1. Districting and Apportionment Commission › 5-1-108. Public hearing on plans

5-1-108. Public hearing on plans.
(1) Before the commission files its final congressional redistricting plan with the secretary of state, the commission shall hold at least one public hearing on it.
(2) Before the commission submits its legislative redistricting plan to the legislature, it shall hold at least one public hearing on the plan at the state capitol.
(3) The commission may hold other hearings as it deems necessary.
History: En. Sec. 7, Ch. 21, L. 1973; R.C.M. 1947, 43-114; amd. Sec. 3, Ch. 477, L. 1983.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 1. Districting and Apportionment Commission › 5-1-109. Submission of plan for legislative redistricting to legislature

5-1-109. Submission of plan for legislative redistricting to legislature.
The commission shall submit its legislative redistricting plan to the legislature by the 10th legislative day of the first regular session after its appointment or after the census figures are available.
History: En. Sec. 8, Ch. 21, L. 1973; R.C.M. 1947, 43-115; amd. Sec. 4, Ch. 477, L. 1983.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 1. Districting and Apportionment Commission › 5-1-110. Recommendations of legislature

5-1-110. Recommendations of legislature.
Within 30 days after the commission submits its legislative redistricting plan to the legislature, the legislature shall return the plan to the commission with its recommendations.
History: En. Sec. 9, Ch. 21, L. 1973; R.C.M. 1947, 43-116; amd. Sec. 5, Ch. 477, L. 1983.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 1. Districting and Apportionment Commission › 5-1-111. Final plan -- dissolution of commission

5-1-111. Final plan -- dissolution of commission.
(1) Within 90 days after the official final decennial census figures are available, the commission shall file its final plan for congressional districts with the secretary of state and it shall become law.
(2) Within 30 days after receiving the legislative redistricting plan and the legislature's recommendations, the commission shall file its final legislative redistricting plan with the secretary of state and it shall become law.
(3) Upon filing both plans, the commission shall be dissolved.
History: En. Sec. 10, Ch. 21, L. 1973; R.C.M. 1947, 43-117; amd. Sec. 6, Ch. 477, L. 1983; amd. Sec. 2, Ch. 3, L. 2003.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 1. Districting and Apportionment Commission › 5-1-116. Repealed

5-1-116. Repealed.
Sec. 1, Ch. 357, L. 2005.
History: En. Sec. 1, Ch. 4, L. 2003.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 2. Inmate Data for Redistricting › 5-1-201. Definitions

5-1-201. Definitions.
As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Center" means the state census and economic information center established in 90-1-109.
(2) "Department" means the department of corrections established in 2-15-2301.
(3) "Federal correctional facility" means a prison or correctional facility owned by or contracting with the United States government to incarcerate individuals convicted of a criminal offense.
(4) "Last known address" means an individual's last known complete street or physical address prior to the individual's incarceration. An individual's last known address is presumed to be outside of the state prison or federal correctional facility in which the individual is held.
(5) "Local government district" means a district based on population that is maintained by a local government primarily for election purposes and that must be substantially equal in population under the 14th amendment to the United States constitution.
(6) "State prison" means a facility listed in 53-30-101(1), (2), or (4).
History: En. Sec. 1, Ch. 233, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 2. Inmate Data for Redistricting › 5-1-202. Electronic record

5-1-202. Electronic record.
(1) Within 6 months of July 1, 2023, the department shall collect and maintain an electronic record of the last known address and other demographic data for an individual entering the department's custody. The record must include but is not limited to:
(a) the individual's last known address;
(b) the individual's race, whether the person is an American Indian or an Alaska Native, and whether the person is of Hispanic or Latino origin; and
(c) if the individual is 18 years of age or older.
(2) To the extent possible, the department shall collect and maintain the information required in subsection (1) for individuals in state prisons who entered the department's custody prior to July 1, 2023.
History: En. Sec. 2, Ch. 233, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 2. Inmate Data for Redistricting › 5-1-203. Report to state census and economic information center

5-1-203. Report to state census and economic information center.
(1) By May 1 of each year in which the federal decennial census is taken and in which the United States census bureau allocates incarcerated individuals as residents of a state prison, the department shall deliver to the center:
(a) a unique identifier not including the name or offender identification number for each incarcerated individual subject to the jurisdiction of the department on the date for which the decennial census reports population numbers;
(b) the street address of the prison in which the individual was incarcerated at the time of the census;
(c) the last known address of the individual prior to incarceration;
(d) the individual's race, whether the individual is an American Indian or an Alaska Native, whether the individual is of Hispanic or Latino origin, and if the person is 18 years of age or older; and
(e) other information the center may request.
(2) The department shall provide the information in subsection (1) in a format specified by the center.
(3) The information provided as required in subsection (1) is private. It may not:
(a) include the incarcerated individual's name or other information that may allow the individual to be identified except by the department; or
(b) be disclosed by the department or the center except as redistricting data aggregated by census block for the purposes described in 5-1-205.
History: En. Sec. 3, Ch. 233, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 2. Inmate Data for Redistricting › 5-1-204. Federal facilities

5-1-204. Federal facilities.
The center shall request from each federal correctional facility located in Montana a report that includes the information listed in 5-1-203(1).
History: En. Sec. 4, Ch. 233, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 2. Inmate Data for Redistricting › 5-1-205. Redistricting population data

5-1-205. Redistricting population data.
(1) The center shall prepare redistricting population data that reflects an incarcerated individual at the individual's last known address pursuant to 5-1-206.
(2) The districting and apportionment commission shall use the data to form congressional, state house, or state senate districts.
(3) A local government shall use the data to form local government districts that are based on population. An incarcerated individual whose address prior to incarceration is unknown, as determined pursuant to 5-1-206, may not be included in the calculation used to determine the ideal population of a local government district.
History: En. Sec. 5, Ch. 233, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 1. Congressional, Senatorial, and Representative Districts › Part 2. Inmate Data for Redistricting › 5-1-206. Adjustment and publication of population data -- notification to local governments -- limitation on use for distribution of aid

5-1-206. Adjustment and publication of population data -- notification to local governments -- limitation on use for distribution of aid.
(1) For each individual included in a report received under 5-1-203 or 5-1-204, the center shall determine the geographic units for which population counts are reported in the federal decennial census that contain the state prison or federal correctional facility in which the individual is or was incarcerated and the individual's last known address as listed in the report provided pursuant to 5-1-203 or 5-1-204.
(2) If the individual's last known address is in Montana, the center shall:
(a) remove the individual from any population counts for the geographic units that include the state prison unless that geographic unit also contains the individual's last known address; and
(b) ensure that any population counts reported by the center reflect the individual's last known address.
(3) If the individual's last known address is not reported or is not in Montana or if an individual reported in the federal decennial census resides in a federal correctional facility, the center shall remove the individual from any population counts for the geographic units that include the state prison or federal correctional facility at which the individual was incarcerated and allocate the individual to a state unit not tied to a specific geography as other state residents with unknown state addresses are allocated, including but not limited to military and federal government personnel stationed overseas.
(4) The center shall prepare and publish the data required under this section no later than 30 days from the date that the federal decennial data is published for Montana.
(5) The center shall notify local governments that 5-1-205 requires local governments to use the data prepared as required in this part.
(6) The data prepared by the center may not be used to calculate population to determine the distribution of state or federal aid.
History: En. Sec. 6, Ch. 233, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 1. General › 5-2-101. Composition of legislature

5-2-101. Composition of legislature.
The legislature consists of senators and representatives elected from the several senatorial and representative districts of the state in the number specified by law.
History: En. Sec. 150, Pol. C. 1895; re-en. Sec. 50, Rev. C. 1907; amd. Sec. 1, Ch. 5, L. 1921; re-en. Sec. 51, R.C.M. 1921; re-en. Sec. 51, R.C.M. 1935; R.C.M. 1947, 43-201.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 1. General › 5-2-102. Term of office

5-2-102. Term of office.
The term of office of a senator is 4 years or until a successor is elected and qualified, and the term of office of a representative is 2 years or until a successor is elected and qualified. The term of service begins on the first Monday of January following the election. If a senator is elected to fill a vacancy, the term of service begins on the day after the election.
History: En. Sec. 151, Pol. C. 1895; re-en. Sec. 51, Rev. C. 1907; amd. Sec. 1, Ch. 17, L. 1909; re-en. Sec. 52, R.C.M. 1921; Cal. Pol. C. Sec. 226; re-en. Sec. 52, R.C.M. 1935; amd. Sec. 1, Ch. 193, L. 1975; amd. Sec. 1, Ch. 198, L. 1977; R.C.M. 1947, 43-202; amd. Sec. 216, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 1. General › 5-2-103. Time and place of meeting

5-2-103. Time and place of meeting.
Each regular session of the legislature shall be convened at the seat of government at 12 noon on the first Monday of January of each odd-numbered year or, if January 1 is a Monday, on the first Wednesday. The legislature shall meet at other times when convened by the governor or by the written request of a majority of the legislators or, when the legislature is in session, by a recorded vote of a majority of the legislators.
History: En. Sec. 160, Pol C. 1895; re-en. Sec. 55, Rev. C. 1907; re-en. Sec. 55, R.C.M. 1921; Cal. Pol. C. Sec. 235; re-en. Sec. 55, R.C.M. 1935; amd. Sec. 1, Ch. 279, L. 1973; amd. Sec. 5, Ch. 309, L. 1977; R.C.M. 1947, 43-205.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 1. General › 5-2-104. Appointment to or candidacy for other offices

5-2-104. Appointment to or candidacy for other offices.
(1) A member of the legislature may not, during the term for which the member was elected, be appointed to any civil office under the state. A member of the legislature may become a candidate for public office during the legislator's term.
(2) A member of the legislature who is elected to another public office shall resign from the legislature prior to assuming the office to which the member is newly elected.
History: En. 43-202.2 and 43-202.3 by Secs. 2, 3, Ch. 91, L. 1977; R.C.M. 1947, 43-202.2, 43-202.3; amd. Sec. 217, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 1. General › 5-2-105. Facsimile signatures authorized

5-2-105. Facsimile signatures authorized.
(1) As used in this section, "facsimile signature" means a reproduction of the manual signature of a legislator by engraving, imprinting, stamping, facsimile transmission, or other means.
(2) On state documents requiring a signature, a legislator may use a facsimile signature in lieu of a manual signature. Before using a facsimile signature, the legislator shall file a copy of the legislator's manual or facsimile signature, certified by the legislator under oath, with the presiding officer of the house of which the legislator is a member.
History: En. Sec. 1, Ch. 318, L. 1989; amd. Sec. 1, Ch. 685, L. 1991; amd. Sec. 218, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 1. General › 5-2-107. Findings of purpose -- legislator intervention in legal challenges authorized

5-2-107. Findings of purpose -- legislator intervention in legal challenges authorized.
(1) The legislature finds that:
(a) proper interpretation and administration of the constitution and legislative enactments and referendums of the state are matters of great public interest and significant importance;
(b) an individual legislator in the legislator's capacity as the primary sponsor of legislation at issue who voted for passage and approval of the legislation has a plain, direct, and adequate interest in maintaining the effectiveness of the legislator's vote and has a personal stake in ensuring proper interpretation and administration of the constitution and legislative enactments and referendums that is distinguishable from that of the public generally; and
(c) the officers of the legislature have a plain, direct, and adequate interest in ensuring proper interpretation and administration of legislative enactments.
(2) The officers of the legislature and a legislator in the legislator's capacity as the primary sponsor of legislation at issue who voted for passage and approval of the legislation may intervene as of right, individually or jointly, in declaratory judgment actions involving alleged constitutional or statutory violations of state law.
(3) Nothing in this section supersedes the authority of the attorney general to represent the state of Montana.
(4) The participation of an officer of the legislature in any action, state or federal, as a party or otherwise, does not constitute a waiver of legislative immunity or legislative privilege of any individual legislator, officer of the legislature, or legislative staff.
(5) Subject to available appropriation authority, an officer of the legislature may use funding that is approved by the legislative council or funding that is under the direction and control of the officer of the legislature to pay attorney fees and costs associated with intervention under subsection (2). A primary sponsor is responsible for paying attorney fees and costs associated with intervention under subsection (2) unless funding is approved by the legislative council.
(6) For the purposes of this section, "officer of the legislature" means the speaker of the house and the president of the senate.
History: En. Sec. 1, Ch. 667, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 2. Organization › 5-2-201. Presession caucus

5-2-201. Presession caucus.
Not later than December 1 of each year following an election when members of the legislature are elected, the parties of each house of the legislature shall hold a presession caucus for holdover senators, senators-elect, and representatives-elect. The purpose of the caucus of each party of each house is to nominate officers and establish the basis for additional presession activity, including hiring staff and appointing committees. The legislative council shall designate the time for holding the presession caucuses.
History: En. Sec. 2, Ch. 274, L. 1969; amd. Sec. 98, Ch. 326, L. 1974; amd. Sec. 1, Ch. 392, L. 1975; amd. Sec. 19, Ch. 439, L. 1975; amd. Sec. 1, Ch. 103, L. 1977; R.C.M. 1947, 43-218(1); amd. Sec. 1, Ch. 385, L. 1987; amd. Sec. 1, Ch. 412, L. 1987; amd. Sec. 1, Ch. 57, L. 2001.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 2. Organization › 5-2-202. Presession activity

5-2-202. Presession activity.
(1) Members of the legislature nominated to leadership positions during the presession caucus provided for in 5-2-201 and members nominated or appointed to the committee on committees and rules committees may meet and perform necessary organizational tasks prior to the regular session or a special session, including but not limited to appointing committees, hiring staff, and assigning space and seating.
(2) Members of the house appropriations committee and of the senate finance and claims committee named prior to the regular session may begin reviewing requests for appropriations immediately or prior to a special session and may visit state agencies and institutions to discuss requests.
(3) Members of the house and senate taxation committees named prior to the regular session may begin reviewing revenue estimates immediately or prior to a special session.
History: En. 43-218.1 by Sec. 2, Ch. 103, L. 1977; R.C.M. 1947, 43-218.1(1); amd. Sec. 1, Ch. 551, L. 1979; amd. Sec. 2, Ch. 412, L. 1987; amd. Sec. 2, Ch. 57, L. 2001; amd. Sec. 1, Ch. 250, L. 2009; amd. Sec. 2, Ch. 168, L. 2019.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 2. Organization › 5-2-203. Compensation and expenses -- definition

5-2-203. Compensation and expenses -- definition.
(1) Members of the legislature attending the presession caucus, provided for in 5-2-201, and legislative orientation and training are entitled to receive compensation and expenses as provided in 5-2-302. The legislative services division shall place the members on the payroll roster, provided for in 2-18-404, in order to pay the compensation and expenses.
(2) While engaged in presession business, members nominated to serve as officers of the legislature and members of the committees named in 5-2-202 are entitled to receive compensation and expenses as provided in 5-2-302.
(3) As used in this section:
(a) "holdover senator" means a senator who was not required to seek election at the general election held immediately prior to the presession caucus; and
(b) "member" means a holdover senator, senator-elect, or representative-elect who is eligible to serve in the ensuing legislative session.
History: (1)En. Sec. 2, Ch. 274, L. 1969; amd. Sec. 98, Ch. 326, L. 1974; amd. Sec. 1, Ch. 392, L. 1975; amd. Sec. 19, Ch. 439, L. 1975; amd. Sec. 1, Ch. 103, L. 1977; Sec. 43-218, R.C.M. 1947; (2)En. 43-218.1 by Sec. 2, Ch. 103, L. 1977; Sec. 43-218.1, R.C.M. 1947; R.C.M. 1947, 43-218(2), 43-218.1(2); amd. Sec. 2, Ch. 551, L. 1979; amd. Sec. 3, Ch. 412, L. 1987; amd. Sec. 3, Ch. 57, L. 2001; amd. Sec. 1, Ch. 311, L. 2005.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 2. Organization › 5-2-205. Authority for standing committees to meet during interim

5-2-205. Authority for standing committees to meet during interim.
(1) Except as provided in 5-2-202, 5-12-501 through 5-12-504, and subsections (2) and (3) of this section, a standing committee of the legislature, as provided for in legislative rules, may not meet during the interim between regular legislative sessions.
(2) Upon approval of the president of the senate or the speaker of the house of representatives, a standing committee may meet before a special session, as provided in 5-3-101, or during a special session.
(3) An ethics committee provided for in 2-2-135 may meet at any time during the session or the interim.
History: En. Sec. 1, Ch. 331, L. 2003; amd. Sec. 5, Ch. 525, L. 2021; amd. Sec. 3, Ch. 30, L. 2023.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 2. Organization › 5-2-211. Certified rosters

5-2-211. Certified rosters.
The secretary of state shall prepare certified rosters from the official election records on file in the secretary of state's office for use in the organization of the senate and house of representatives.
History: En. Sec. 1, Ch. 18, L. 1969; R.C.M. 1947, 43-206.1; amd. Sec. 219, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 2. Organization › 5-2-212. Organization of senate

5-2-212. Organization of senate.
At 12 noon on the day appointed for the meeting of any regular session of the legislature, the senior member present must take the chair, call the senators and senators-elect to order, call over the senators from the certified roster prepared by the secretary of state, and then, from the certified roster prepared by the secretary of state, call over the senatorial districts and counties, in their order, from which members have been elected at the preceding election. After the same are called the members-elect must take the constitutional oath of office and assume their seats. The senate may thereupon, if a quorum is present, proceed to elect its officers.
History: En. H.B. No. 69, p. 103, L. 1897; re-en. Sec. 163, Pol. C. 1895; re-en. Sec. 57, Rev. C. 1907; re-en. Sec. 57, R.C.M. 1921; Cal. Pol. C. Sec. 238; re-en. Sec. 57, R.C.M. 1935; amd. Sec. 2, Ch. 18, L. 1969; R.C.M. 1947, 43-207; amd. Sec. 17, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 2. Organization › 5-2-213. Organization of house of representatives

5-2-213. Organization of house of representatives.
At the time specified in 5-2-212, the secretary of state or, in case of the secretary of state's absence or inability, the senior member-elect present shall take the chair, call the members-elect of the house of representatives to order, and then, from the certified roster prepared by the secretary of state, call over the roll of counties and districts. After the names are called, the members-elect shall take the constitutional oath of office and assume their seats. The house of representatives may at that time, if a quorum is present, proceed to elect its officers.
History: En. Sec. 164, Pol. C. 1895; re-en. Sec. 58, Rev. C. 1907; re-en. Sec. 58, R.C.M. 1921; Cal. Pol. C. Sec. 239; re-en. Sec. 58, R.C.M. 1935; amd. Sec. 3, Ch. 18, L. 1969; R.C.M. 1947, 43-208; amd. Sec. 220, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 2. Organization › 5-2-214. Oath to be entered on journals

5-2-214. Oath to be entered on journals.
An entry of the oath taken by the members of the legislature must be made on the journals of the proper houses, respectively.
History: En. Sec. 165, Pol. C. 1895; re-en. Sec. 59, Rev. C. 1907; re-en. Sec. 59, R.C.M. 1921; Cal. Pol. C. Sec. 240; re-en. Sec. 59, R.C.M. 1935; R.C.M. 1947, 43-209.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 2. Organization › 5-2-215. Election of officers

5-2-215. Election of officers.
In all elections of officers of either branch of the legislature, a majority of all the votes given is necessary to a choice.
History: En. Sec. 8, p. 90, L. 1885; re-en. Sec. 1332, 5th Div. Comp. Stat. 1887; re-en. Sec. 166, Pol. C. 1895; re-en. Sec. 60, Rev. C. 1907; re-en. Sec. 60, R.C.M. 1921; re-en. Sec. 60, R.C.M. 1935; R.C.M. 1947, 43-210.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 2. Organization › 5-2-216. Tie vote

5-2-216. Tie vote.
If there is a tie vote for the purposes of organizing the senate or the house of representatives then, for the purposes of organization, the political party's candidate for president of the senate or speaker of the house then having a member of that candidate's party as the governor of Montana is elected.
History: En. Sec. 1, Ch. 25, L. 1973; R.C.M. 1947, 43-210.1; amd. Sec. 221, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 2. Organization › 5-2-221. Officers and employees of the senate and house of representatives

5-2-221. Officers and employees of the senate and house of representatives.
(1) The officers of the senate include a president, a president pro tempore, a majority leader, a minority leader, a majority whip, and a minority whip.
(2) The officers of the house of representatives include a speaker, a speaker pro tempore, a majority leader, a minority leader, a majority whip, and a minority whip.
(3) The president and president pro tempore of the senate and the speaker and speaker pro tempore of the house must be elected by the house of which they are a member.
(4) The majority leader, minority leader, majority whip, and minority whip of the senate and house must be elected by their respective caucuses.
(5) A secretary of the senate, sergeant at arms, and chaplain must be appointed by the president subject to confirmation by the senate, and a chief clerk of the house, sergeant at arms, and chaplain must be appointed by the speaker subject to confirmation by the house.
History: En. 43-214.1 by Sec. 1, Ch. 186, L. 1974; amd. Sec. 1, Ch. 88, L. 1977; R.C.M. 1947, 43-214.1; amd. Sec. 1, Ch. 17, L. 1981; amd. Sec. 9, Ch. 4, Sp. L. May 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 2. Organization › 5-2-222. Powers and duties of officers

5-2-222. Powers and duties of officers.
The president and president pro tempore of the senate and the speaker and speaker pro tempore of the house of representatives may administer the oath of office to any senator or representative and to the officers and employees of their respective bodies. The officers and employees must perform such duties as are required by the rules or orders of the respective bodies which elect them.
History: En. Secs. 4 and 5, p. 170, L. 1891; re-en. Sec. 200, Pol. C. 1895; re-en. Sec. 67, Rev. C. 1907; re-en. Sec. 65, R.C.M. 1921; Cal. Pol. C. Sec. 252; re-en. Sec. 65, R.C.M. 1935; R.C.M. 1947, 43-301(part).
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 3. Compensation and Expenses of Members and Officers › 5-2-302. Compensation and expenses when legislature not in session

5-2-302. Compensation and expenses when legislature not in session.
When the legislature is not in session, a member of the legislature, while engaged in legislative business with prior authorization of the appropriate funding authority, is entitled to:
(1) a mileage allowance as provided in 2-18-503;
(2) expenses as provided in 2-18-501 and 2-18-502; and
(3) a salary equal to one full day's pay at the rate described in 5-2-301(1) for each 24-hour period of time (from midnight to midnight), or portion of a 24-hour period, spent on authorized interim, interim budget, or administrative committee legislative business or as otherwise provided by law. However, if time spent for business other than authorized legislative interim, interim budget, or administrative committee business or business related to 5-11-305 results in lengthening a legislator's stay away from home into an additional 24-hour period, the legislator may not be compensated for the additional day.
History: En. Sec. 1, Ch. 224, L. 1973; amd. Sec. 4, Ch. 103, L. 1977; R.C.M. 1947, 43-310.1; amd. Sec. 1, Ch. 1, L. 1981; amd. Sec. 2, Ch. 8, L. 1985; amd. Sec. 2, Ch. 1, L. 1989; amd. Sec. 222, Ch. 61, L. 2007; amd. Sec. 17, Ch. 81, L. 2007; amd. Sec. 1, Ch. 392, L. 2013; amd. Sec. 6, Ch. 525, L. 2021.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 3. Compensation and Expenses of Members and Officers › 5-2-303. Participation in state benefits group -- employer contribution made to other plan

5-2-303. (Subsection (2)(c) effective on occurrence of contingency) Participation in state benefits group -- employer contribution made to other plan.
(1) Individual members of the senate and the house of representatives may enroll in the state employees benefits group during the terms to which they have been elected. The provider of benefits shall enroll and collect employee contributions directly from those legislators. The employer contribution must be paid from funds appropriated for that purpose.
(2) (a) If a member elects to waive coverage under the state employees benefits group plan and is insured under a plan providing disability insurance, as defined in 33-1-207, or is covered through a life insurance policy, as defined in 33-1-208, the department of administration, upon request of the member, shall pay to the member an amount equal to the premium required to be paid by the member for coverage of the member and any dependents under the disability insurance plan or life insurance policy, subject to the limitation contained in subsection (2)(b) less any required tax withholding.
(b) A payment made under subsection (2)(a) may not exceed the amount of the employer contribution for group benefits for members of the legislature as provided for in 2-18-703.
(c) To the extent allowed under federal law, a member may be reimbursed for premiums for:
(i) a plan offered as an individual major medical policy or a medicare supplement plan; or
(ii) coverage under medicare plans.
(d) Unused employer contributions must be transferred to an account as provided in 2-18-703 for a legislator who is a state employee and who has contributions paid for by another agency when the legislature is not in session. (Subsection (2)(c) effective on occurrence of contingency--sec. 3, 4, Ch. 300, L. 2017.)
History: En. 43-310.3 by Sec. 12, Ch. 563, L. 1977; R.C.M. 1947, 43-310.3; amd. Sec. 12, Ch. 555, L. 1979; amd. Sec. 1, Ch. 229, L. 1987; amd. Sec. 2, Ch. 392, L. 2013; amd. Sec. 1, Ch. 300, L. 2017.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 4. Vacancies › 5-2-401. Definitions

5-2-401. Definitions.
(1) As used in 5-2-406, "term" means the 4-year period to which a senator is normally elected in the absence of a vacancy.
(2) For the purposes of this part, "vacancy" or "vacancies" has the same meaning as prescribed in 2-16-501.
History: (1)En. Sec. 3, Ch. 179, L. 1967; Sec. 43-217, R.C.M. 1947; (2)En. Sec. 1, Ch. 179, L. 1967; amd. Sec. 2, Ch. 198, L. 1977; Sec. 43-215, R.C.M. 1947; R.C.M. 1947, 43-215(4)(a), 43-217.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 4. Vacancies › 5-2-403. Appointee to be of same political party

5-2-403. Appointee to be of same political party.
(1) Whenever an appointee's predecessor served as a member of a political party, the appointee named under 5-2-402 must be a member of the same political party and must be selected from a list of three individuals provided:
(a) by the county central committee in a district within a single county; or
(b) by the county central committees, acting together, in a multicounty district, as described in 5-2-402.
(2) Whenever the appointing board is unable to elect an appointee from the submitted list, the appointing board shall request a second list of three names from the county central committee or committees. The second list may not contain any of the names submitted on the first list. The appointing board shall then select an appointee from the individuals named on both lists.
(3) The provisions of this section do not apply if the predecessor served as an independent.
History: En. Sec. 1, Ch. 179, L. 1967; amd. Sec. 2, Ch. 198, L. 1977; R.C.M. 1947, 43-215(5); amd. Sec. 2, Ch. 336, L. 2003.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 4. Vacancies › 5-2-404. Procedure upon failure of one candidate to receive majority vote

5-2-404. Procedure upon failure of one candidate to receive majority vote.
In the event that a decision cannot be made by the appointing board because of failure of any candidate to receive a majority of the votes, the final decision may be made by lot from the first and second lists of candidates as provided by 5-2-403 or from a list of three individuals if the predecessor served as an independent, in accordance with rules of selection adopted by the appointing board.
History: En. Sec. 2, Ch. 179, L. 1967; amd. Sec. 3, Ch. 198, L. 1977; R.C.M. 1947, 43-216; amd. Sec. 3, Ch. 336, L. 2003.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 4. Vacancies › 5-2-405. Term of appointee

5-2-405. Term of appointee.
(1) Whenever a vacancy occurs in the house of representatives, the appointee shall serve until the end of the term to which the predecessor was elected.
(2) Whenever a vacancy occurs in the senate, the appointee shall serve until a successor can be elected as provided in 5-2-406.
History: En. Sec. 1, Ch. 179, L. 1967; amd. Sec. 2, Ch. 198, L. 1977; R.C.M. 1947, 43-215(3); amd. Sec. 223, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 4. Vacancies › 5-2-406. Elections to fill vacancies in senate

5-2-406. Elections to fill vacancies in senate.
(1) Whenever a vacancy occurs 85 days or more before the general election held during the second year of the term, an individual must be appointed pursuant to 5-2-402. The appointment continues until a person is elected to complete the term at the upcoming general election and is sworn into office. The election procedure to be used to elect the successor is as follows:
(a) Whenever the vacancy occurs 85 days or more prior to the primary election during the second year, the same procedure as is used for senators who will be elected to full 4-year terms at that general election must be utilized.
(b) Whenever the vacancy occurs on or after the 85th day prior to the primary election, any political party desiring to enter a candidate in the general election shall select a candidate as provided in 13-10-327 and 13-38-204. A political party shall notify the secretary of state of the party nominee. A person desiring to be a candidate as an independent shall follow the procedures provided in 13-10-501 and 13-10-502. The petition for an independent candidate must be filed with the secretary of state on or before the 85th day prior to the general election.
(2) Whenever a vacancy occurs on or after the 85th day prior to the general election held during the second year of the term, the person appointed by the board under 5-2-402 shall serve until the end of the term.
History: En. Sec. 1, Ch. 179, L. 1967; amd. Sec. 2, Ch. 198, L. 1977; R.C.M. 1947, 43-215(4)(b), (4)(c); amd. Sec. 1, Ch. 526, L. 1979; amd. Sec. 1, Ch. 250, L. 1985; amd. Sec. 1, Ch. 229, L. 1989; amd. Sec. 4, Ch. 336, L. 2003; amd. Sec. 1, Ch. 242, L. 2011; amd. Sec. 1, Ch. 126, L. 2013.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 4. Vacancies › 5-2-407. Anticipated vacancy

5-2-407. Anticipated vacancy.
(1) Whenever it appears that a vacancy will exist in the legislature because of the inability of an elected legislator to take office at the commencement of the term to which the legislator was elected, an appointee may be selected in advance of the commencement of the term under the provisions of 5-2-402 through 5-2-406.
(2) For purposes of determining the term of office of the appointee, the term of office commences on the day on which the appointee takes the oath of office.
(3) An appointee under this section may take office only if the vacancy in fact exists at the commencement of the term of office.
History: En. 43-216.1 by Sec. 4, Ch. 198, L. 1977; R.C.M. 1947, 43-216.1; amd. Sec. 5, Ch. 336, L. 2003.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 5. Legislative Branch Consolidation › 5-2-501. Declaration of policy and purpose

5-2-501. Declaration of policy and purpose.
It is the public policy of this state and the purpose of this part:
(1) to create a structure of the legislative branch of state government that is efficient and responsive to the needs of the people of this state and is sufficiently flexible to meet changing conditions;
(2) to strengthen the legislative branch capacity to administer its affairs effectively and efficiently on behalf of the people of the state;
(3) to provide means for coordination of branch activities; and
(4) to eliminate unnecessary overlapping and duplication of effort within the legislative branch of state government.
History: En. Sec. 1, Ch. 545, L. 1995.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 5. Legislative Branch Consolidation › 5-2-502. Structure of legislative branch

5-2-502. Structure of legislative branch.
The legislature established in Article V, section 1, of the Montana constitution and the committees established by law constitute the legislative branch. The functional organization of the legislative branch is governed by the joint rules of the legislature and the laws governing the several components of the branch. The administrative organization of the legislative branch is consolidated as provided in this part.
History: En. Sec. 2, Ch. 545, L. 1995.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 5. Legislative Branch Consolidation › 5-2-503. Consolidation of legislative branch entities for specified purposes

5-2-503. Consolidation of legislative branch entities for specified purposes.
(1) An entity of the legislative branch that is consolidated as provided in 5-2-504 shall:
(a) exercise its substantive functions independently as provided by law;
(b) adhere to administrative policies, including personnel policies, adopted by the legislative council;
(c) submit its budget proposals through the legislative council; and
(d) submit reports required of it as provided in 5-11-210.
(2) The legislative services division shall:
(a) coordinate budgeting, recordkeeping, reporting, and related administrative and clerical functions as a consolidated entity, including acknowledgment of actions by the approving authority of the consolidated entity;
(b) include within legislative branch budgets the budget proposals for the legislature and the consolidated entities, separately identified;
(c) provide separate identification for appropriations and expenditures for the legislature and for each of the consolidated entities;
(d) establish procedures for approval of expenditures by the legislature and by each of the consolidated entities; and
(e) provide personnel administration for the legislative branch. The senate and the house of representatives or a consolidated entity with statutory hiring authority may hire its own personnel, subject to administrative procedures established by the legislature and legislative council.
(3) The legislative council shall allocate office space occupied by the legislative branch for the use of a consolidated entity as necessary. Space occupied by the senate or the house of representatives may not be reallocated except as provided in 2-17-108. The location of the chambers of the house of representatives and the senate must be determined as provided by 2-17-101.
History: En. Sec. 3, Ch. 545, L. 1995; amd. Sec. 4, Ch. 20, L. 1997; amd. Sec. 17, Ch. 19, L. 1999.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 2. Legislature -- Composition and Organization › Part 5. Legislative Branch Consolidation › 5-2-504. Legislative branch consolidated

5-2-504. Legislative branch consolidated.
The following legislative branch entities are consolidated, as provided in 5-2-503 and this section:
(1) the senate and the house of representatives provided for in Article V, section 1, of the Montana constitution;
(2) the legislative council established by 5-11-101;
(3) the legislative services division established by 5-11-111;
(4) the legislative finance committee established by 5-12-201;
(5) the legislative fiscal division established by 5-12-301;
(6) the legislative audit committee established by 5-13-201;
(7) the legislative audit division established by 5-13-301; and
(8) the environmental quality council established by 5-16-101.
History: En. Sec. 4, Ch. 545, L. 1995; amd. Sec. 17, Ch. 42, L. 1997; amd. Sec. 18, Ch. 19, L. 1999.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 3. Special Sessions › Part 1. Call of Special Session › 5-3-101. Convening of special session -- limiting subjects -- committee meetings -- compensation

5-3-101. Convening of special session -- limiting subjects -- committee meetings -- compensation.
(1) The legislature may be convened in special session by the governor or at the written request of a majority of the members. Subject to 5-5-227, the governor or the legislature may limit the special session to the subjects specified in the call.
(2) (a) A standing committee of the legislature may meet prior to a special session for the purpose of holding hearings and taking action on preintroduced legislation that has been referred to that committee.
(b) Public notice of a hearing to be held by a standing committee prior to a special session must be given at least 7 days before the hearing.
(3) Members of the legislature engaged in presession business for a special session are entitled to receive compensation and expenses as provided in 5-2-302. Members of the legislature are entitled to receive compensation and expenses, as provided in 5-2-301, for the day prior to the convening of a special session.
History: En. Sec. 1, Ch. 433, L. 1973; R.C.M. 1947, 43-319; amd. Sec. 1, Ch. 35, L. 2001; amd. Sec. 1, Ch. 5, L. 2007.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 3. Special Sessions › Part 1. Call of Special Session › 5-3-102. Calling of a future special session when legislature is in session

5-3-102. Calling of a future special session when legislature is in session.
When the legislature is in session, a majority of the members may by a written request call a special session to meet at a specified time.
History: En. Sec. 2, Ch. 433, L. 1973; R.C.M. 1947, 43-320.
2023 Montana Code Annotated › Title 5. Legislative Branch › Chapter 3. Special Sessions › Part 1. Call of Special Session › 5-3-105. Request by 10 members to poll legislators

5-3-105. Request by 10 members to poll legislators.
(1) When the legislature is not in session, any 10 members may in writing request the secretary of state to poll the legislators to determine if a majority are in favor of a special session.
(2) The request must state:
(a) the conditions warranting the call of a special session;
(b) the purposes of the special session; and
(c) the proposed convening date and time of the special session.
History: En. Sec. 3, Ch. 433, L. 1973; R.C.M. 1947, 43-321.