reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 3. Control of State Printing › 18-7-302. Definitions

18-7-302. Definitions.
As used in this part, the following definitions apply:
(1) "Agency" means each state office, department, board, commission, council, committee, unit of the university system, or other entity or instrumentality of the executive branch, office of the legislative branch, or office of the judicial branch of state government.
(2) "Department" means the department of administration provided for in Title 2, chapter 15, part 10.
(3) "Public document" means any publication of an agency that is meant for dissemination to the public, but does not include educational materials published by a unit of the university system or the superintendent of public instruction, reports of the legislative auditor, travel promotion materials, standard forms, bid specifications, opinions of the attorney general, opinions of the supreme court, session laws, the Administrative Rules of Montana, the Montana Code Annotated, or regular periodical publications sold to the general public solely through subscription and newsstand sale.
History: En. Sec. 2, Ch. 646, L. 1979; amd. Sec. 1, Ch. 148, L. 2011.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 3. Control of State Printing › 18-7-303. Repealed

18-7-303. Repealed.
Sec. 3, Ch. 148, L. 2011.
History: En. Sec. 3, Ch. 646, L. 1979; amd. Sec. 24, Ch. 112, L. 1991; amd. Sec. 24, Ch. 349, L. 1993.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 3. Control of State Printing › 18-7-306. Public disclosure of costs

18-7-306. Public disclosure of costs.
Each agency shall include a public disclosure of costs on all public documents. The public disclosure must contain the following statement, with required information inserted, to be printed on the exterior cover of the publication: "... copies of this public document were published at an estimated cost of $... per copy, for a total cost of $..., which includes $... for printing and $... for distribution." This statement must be printed in the same size type as the text of the document and must be set in a box composed of a 1-point rule. If the cost of publication cannot be reasonably estimated at the time of publication, the publications must contain the following statement on the exterior cover in lieu of the statement concerning estimated cost: "This document printed at state expense. Information on the cost of publication may be obtained by contacting the department of administration."
History: En. Sec. 6, Ch. 646, L. 1979; amd. Sec. 2, Ch. 148, L. 2011.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 3. Control of State Printing › 18-7-307. Estimation of costs

18-7-307. Estimation of costs.
The following factors shall be utilized in estimating cost data:
(1) printing, including all expenditures for production, whether on bid or in-house; and
(2) circulation, including all expenditures for postage and for salaries of agency or department personnel involved in distribution of the public document.
History: En. Sec. 7, Ch. 646, L. 1979.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 4. County Printing › 18-7-401. Purpose of part

18-7-401. Purpose of part.
The purpose of this part is to provide:
(1) for the board of county printing to set maximum prices that may be charged for county legal advertising; and
(2) for the purchase of county printed forms and materials.
History: En. Sec. 2, Ch. 280, L. 1967; amd. Sec. 57, Ch. 348, L. 1974; R.C.M. 1947, 16-1226; amd. Sec. 1, Ch. 507, L. 1995; Sec. 7-5-2401, MCA 2007; redes. 18-7-401 by Sec. 2, Ch. 148, L. 2009.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 4. County Printing › 18-7-402. Definition

18-7-402. Definition.
Unless the context requires otherwise, in this part "board" means the board of county printing provided for in 2-15-1026.
History: En. 16-1226.1 by Sec. 58, Ch. 348, L. 1974; R.C.M. 1947, 16-1226.1; amd. Sec. 4, Ch. 274, L. 1981; Sec. 7-5-2402, MCA 2007; redes. 18-7-402 by Sec. 2, Ch. 148, L. 2009.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 4. County Printing › 18-7-403. Meetings of board of county printing

18-7-403. Meetings of board of county printing.
The board shall meet when ordered by the governor or requested by a majority of the board members.
History: En. Sec. 5, Ch. 280, L. 1967; amd. Sec. 60, Ch. 348, L. 1974; R.C.M. 1947, 16-1229(1); amd. Sec. 2, Ch. 507, L. 1995; Sec. 7-5-2403, MCA 2007; redes. 18-7-403 by Sec. 2, Ch. 148, L. 2009.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 4. County Printing › 18-7-404. Establishment of maximum prices

18-7-404. Establishment of maximum prices.
(1) The board shall adopt, by rule, and publish a schedule of maximum prices to be charged for county legal advertising.
(2) The board shall conduct hearings when required to determine maximum rates for county legal advertising. Notice of the hearing must be mailed to the Montana association of counties and the Montana newspaper association.
(3) The board shall deliver, free of charge, to each board of county commissioners in this state a copy of every schedule of maximum prices adopted by the board within 30 days of its publication, together with a notice of the date fixed by the board when the prices will be effective.
(4) The county commissioners shall require each establishment that prints county legal advertising to verify that:
(a) the legal advertisement was published on the dates ordered by the county and in the style set by the board; and
(b) the price was not in excess of the maximum price set by the board.
(5) The board may not establish maximum prices for printed county forms.
History: En. Sec. 5, Ch. 280, L. 1967; amd. Sec. 60, Ch. 348, L. 1974; R.C.M. 1947, 16-1229(2), (4), (5); amd. Sec. 3, Ch. 507, L. 1995; amd. Sec. 1, Ch. 148, L. 2009; Sec. 7-5-2404, MCA 2007; redes. 18-7-404 by Sec. 2, Ch. 148, L. 2009.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 4. County Printing › 18-7-405. Adoption of printing standards

18-7-405. Adoption of printing standards.
The board shall adopt necessary standards for typeface, type size, type style, and type leading for county legal advertising.
History: En. Sec. 5, Ch. 280, L. 1967; amd. Sec. 60, Ch. 348, L. 1974; R.C.M. 1947, 16-1229(3); amd. Sec. 4, Ch. 507, L. 1995; Sec. 7-5-2405, MCA 2007; redes. 18-7-405 by Sec. 2, Ch. 148, L. 2009.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 4. County Printing › 18-7-411. County advertising -- contract

18-7-411. County advertising -- contract.
(1) The county commissioners shall contract for all advertising required by law. The advertising required by law must be awarded to a newspaper that:
(a) is published in the county;
(b) has general circulation;
(c) has been published continuously at least once a week in the county for the 12 months preceding the awarding of the contract; and
(d) prior to July 1 of each year, has submitted to the clerk and recorder a sworn statement that includes:
(i) circulation for the prior 12 months;
(ii) a statement of net distribution;
(iii) itemization of the circulation that is paid and that is free; and
(iv) the method of distribution.
(2) A newsletter or other document produced or published by the local government unit is not considered a newspaper that has general circulation as provided in subsection (1).
(3) The term of a contract for county legal advertising may not exceed a period of 2 years.
History: En. Sec. 6, Ch. 280, L. 1967; amd. Sec. 1, Ch. 418, L. 1973; amd. Sec. 61, Ch. 348, L. 1974; R.C.M. 1947, 16-1230; amd. Sec. 3, Ch. 364, L. 1979; amd. Sec. 1, Ch. 70, L. 1981; amd. Sec. 1, Ch. 393, L. 1981; amd. Sec. 1, Ch. 152, L. 1985; amd. Sec. 1, Ch. 305, L. 1989; amd. Sec. 5, Ch. 507, L. 1995; amd. Sec. 2, Ch. 439, L. 2007; Sec. 7-5-2411, MCA 2007; redes. 18-7-411 by Sec. 2, Ch. 148, L. 2009; amd. Sec. 13, Ch. 372, L. 2017.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 4. County Printing › 18-7-412. County printing contract

18-7-412. County printing contract.
(1) The contract must be let to the printing establishment that in the judgment of the county commissioners is the most suitable for performing the work. The county commissioners shall require a contractor to perform the county printing contract subject to the requirements of Title 18, chapter 1, part 2.
(2) Contracts for printed forms and materials may be awarded on an annual basis or may be awarded for a specific printing job. The term of a contract for county printing may not exceed a period of 2 years.
(3) (a) The county clerk and recorder shall maintain a list of willing bidders for county printing and shall notify the printing establishments on the list of any call for bids.
(b) A printing establishment must be added to the county clerk and recorder's list when the clerk and recorder receives a written request from the printing establishment.
(c) The county clerk and recorder may delete the name of any printing establishment from the list if it has not submitted a bid during the previous 365 days.
(4) This part may not be construed to compel the acceptance of unsatisfactory work.
History: En. Sec. 7, Ch. 280, L. 1967; amd. Sec. 2, Ch. 418, L. 1973; R.C.M. 1947, 16-1231(part); amd. Sec. 2, Ch. 152, L. 1985; amd. Sec. 6, Ch. 507, L. 1995; Sec. 7-5-2412, MCA 2007; redes. 18-7-412 by Sec. 2, Ch. 148, L. 2009; amd. Sec. 14, Ch. 372, L. 2017.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 4. County Printing › 18-7-413. Competitive bids required

18-7-413. Competitive bids required.
The board of county commissioners shall call for competitive bids:
(1) from persons or firms qualified to bid on county printing under the terms of this part; or
(2) for county legal advertising if there is more than one legally qualified newspaper in the county.
History: En. Sec. 8, Ch. 280, L. 1967; amd. Sec. 3, Ch. 418, L. 1973; R.C.M. 1947, 16-1232; amd. Sec. 7, Ch. 507, L. 1995; Sec. 7-5-2413, MCA 2007; redes. 18-7-413 by Sec. 2, Ch. 148, L. 2009; amd. Sec. 15, Ch. 372, L. 2017.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 7. Printing and Legal Notices › Part 4. County Printing › 18-7-414. Exemption for county fairs

18-7-414. Exemption for county fairs.
None of the provisions of this part applies to any printing or advertising that may be required in connection with the holding of county fairs and expositions.
History: En. Sec. 9, Ch. 280, L. 1967; amd. Sec. 62, Ch. 348, L. 1974; R.C.M. 1947, 16-1233; Sec. 7-5-2414, MCA 2007; redes. 18-7-414 by Sec. 2, Ch. 148, L. 2009.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 8. Procurement of Services › Part 1. Consultants (Repealed) › 18-8-103. Repealed

18-8-103. Repealed.
Sec. 21, Ch. 443, L. 1997.
History: En. Sec. 3, Ch. 547, L. 1981; amd. Sec. 1, Ch. 215, L. 1983; amd. Sec. 1, Ch. 231, L. 1985; amd. Sec. 2, Ch. 548, L. 1989; amd. Sec. 2, Ch. 630, L. 1993; amd. Sec. 3, Ch. 359, L. 1995.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 8. Procurement of Services › Part 1. Consultants (Repealed) › 18-8-105. Repealed

18-8-105. Repealed.
Sec. 21, Ch. 443, L. 1997.
History: En. Sec. 6, Ch. 547, L. 1981; amd. Sec. 1, Ch. 509, L. 1983.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 8. Procurement of Services › Part 2. Architectural, Engineering, and Land Surveying Services › 18-8-201. Statement of policy

18-8-201. Statement of policy.
The legislature hereby establishes a state policy that governmental agencies publicly announce requirements for architectural, engineering, and land surveying services and negotiate contracts for such professional services on the basis of demonstrated competence and qualifications for the type of professional services required and at fair and reasonable prices.
History: En. Sec. 1, Ch. 51, L. 1987.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 8. Procurement of Services › Part 2. Architectural, Engineering, and Land Surveying Services › 18-8-202. Definitions

18-8-202. Definitions.
Unless the context clearly indicates otherwise, in this part, the following definitions apply:
(1) "Agency" means a state agency, local agency, or special district.
(2) "Architectural, engineering, and land surveying" means services rendered by a person, other than as an employee of an agency, contracting to perform activities within the scope of the general definition of professional practice and licensed for the respective practice as an architect pursuant to Title 37, chapter 65, or an engineer or land surveyor pursuant to Title 37, chapter 67.
(3) "Licensed professional" or "licensed architect, professional engineer, professional land surveyor" means a person providing professional services who is not an employee of the agency for which the services are provided.
(4) "Local agency" means a city, town, county, special district, municipal corporation, agency, port district or authority, airport authority, political subdivision of any type, or any other entity or authority of local government, in corporate form or otherwise.
(5) "Person" means an individual, organization, group, association, partnership, firm, joint venture, or corporation.
(6) "Special district" means a unit of local government, other than a city, town, or county, authorized by law to perform a single function or a limited number of functions, including but not limited to water districts, irrigation districts, fire districts, fire service areas, school districts, community college districts, hospital districts, sewer districts, and transportation districts.
(7) "State agency" means a department, agency, commission, bureau, office, or other entity or authority of state government.
History: En. Sec. 2, Ch. 51, L. 1987; amd. Sec. 49, Ch. 51, L. 1999; amd. Sec. 5, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 8. Procurement of Services › Part 2. Architectural, Engineering, and Land Surveying Services › 18-8-203. Public notice of agency requirements

18-8-203. Public notice of agency requirements.
Each agency shall publish in advance its requirement for professional services. The announcement must state concisely the general scope and nature of the project or work for which the services are required and the address of a representative of the agency who can provide further details. An agency may comply with this section by:
(1) publishing an announcement on each occasion when professional services provided by a licensed professional are required by the agency; or
(2) announcing generally to the public its projected requirement for any category or type of professional services.
History: En. Sec. 3, Ch. 51, L. 1987.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 8. Procurement of Services › Part 2. Architectural, Engineering, and Land Surveying Services › 18-8-204. Procedures for selection

18-8-204. Procedures for selection.
(1) In the procurement of architectural, engineering, and land surveying services, the agency may encourage firms engaged in the lawful practice of their profession to submit annually or biennially a statement of qualifications and performance data. The agency shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and conduct discussions with one or more firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services.
(2) (a) The agency shall then select, based on criteria established under agency procedures and guidelines and the law, the firm considered most qualified to provide the services required for the proposed project.
(b) The agency procedures and guidelines must be available to the public and include at a minimum the following criteria as they relate to each firm:
(i) the qualifications of professional personnel to be assigned to the project;
(ii) capability to meet time and project budget requirements;
(iii) location;
(iv) present and projected workloads;
(v) related experience on similar projects; and
(vi) recent and current work for the agency.
(c) The agency shall follow the minimum criteria of this part if no other agency procedures are specifically adopted.
(3) After conducting an evaluation of firms pursuant to subsections (1) and (2)(b), a local agency may enter into a contract with one or more of those firms to provide architectural, engineering, or land surveying services on an as-needed basis for one or more projects and for a term to be mutually agreed to by the parties. Nothing in this subsection prevents a local agency from following the procurement procedures in this part for professional services for a particular project, unless a contract made pursuant to this subsection provides otherwise.
(4) The provisions of this section do not apply to procurement of architectural, engineering, and land surveying services for projects that the transportation commission has approved pursuant to an alternative project delivery method under 60-2-120 or as part of the design-build contracting program authorized in 60-2-137.
History: En. Sec. 4, Ch. 51, L. 1987; amd. Sec. 5, Ch. 192, L. 2003; amd. Sec. 1, Ch. 56, L. 2007; amd. Sec. 1, Ch. 188, L. 2007; amd. Sec. 1, Ch. 308, L. 2017; amd. Sec. 3, Ch. 111, L. 2021; amd. Sec. 2, Ch. 145, L. 2023.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 8. Procurement of Services › Part 2. Architectural, Engineering, and Land Surveying Services › 18-8-205. Negotiation of contract for services

18-8-205. Negotiation of contract for services.
(1) The agency shall negotiate a contract with the most qualified firm for architectural, engineering, and land surveying services at a price that the agency determines to be fair and reasonable. In making its determination, the agency shall take into account the estimated value of the services to be rendered, as well as the scope, complexity, and professional nature of the services.
(2) If the agency is unable to negotiate a satisfactory contract with the firm selected at a price the agency determines to be fair and reasonable, negotiations with that firm must be formally terminated and the agency shall select other firms in accordance with 18-8-204 and continue as directed in this section until an agreement is reached or the process is terminated.
(3) The provisions of this section do not apply to the negotiation of contracts for projects that the transportation commission has approved pursuant to an alternative project delivery method under 60-2-120 or as part of the design-build contracting program authorized in 60-2-137.
History: En. Sec. 5, Ch. 51, L. 1987; amd. Sec. 6, Ch. 192, L. 2003; amd. Sec. 2, Ch. 56, L. 2007; amd. Sec. 4, Ch. 111, L. 2021; amd. Sec. 3, Ch. 145, L. 2023.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 8. Procurement of Services › Part 2. Architectural, Engineering, and Land Surveying Services › 18-8-210. Energy performance contracts exempt

18-8-210. Energy performance contracts exempt.
This part does not apply to solicitation and award of an investment grade energy audit or energy performance contract pursuant to Title 90, chapter 4, part 11, or to the construction or installation of conservation measures pursuant to the energy performance contract.
History: En. Sec. 12, Ch. 162, L. 2005.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 8. Procurement of Services › Part 2. Architectural, Engineering, and Land Surveying Services › 18-8-211. Coordination with other statutes

18-8-211. Coordination with other statutes.
(1) This part need not be complied with by an agency when the contracting authority makes a finding in accordance with this or any other applicable law that an emergency requires the immediate execution of the work involved. This part does not relieve the contracting authority from complying with applicable law limiting emergency expenditures.
(2) The limitation on the preparation of working drawings contained in 18-2-111 applies to this part.
(3) The procedure for appointment of architects and consulting engineers pursuant to 18-2-112 applies to this part, except that the agency shall select its proposed list of three architects or consulting engineers in accordance with this part prior to submission to the department of administration.
History: En. Sec. 6, Ch. 51, L. 1987; amd. Sec. 19, Ch. 443, L. 1997.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 8. Procurement of Services › Part 2. Architectural, Engineering, and Land Surveying Services › 18-8-212. Exception

18-8-212. Exception.
(1) All agencies securing architectural, engineering, and land surveying services for projects for which the fees are estimated not to exceed $50,000 may contract for those professional services by direct negotiation.
(2) Except as provided in 18-8-204(3), an agency may not separate service contracts or split or break projects for the purpose of circumventing the provisions of this part.
History: En. Sec. 7, Ch. 51, L. 1987; amd. Sec. 3, Ch. 22, L. 1993; amd. Sec. 7, Ch. 518, L. 1993; amd. Sec. 1, Ch. 162, L. 2003; amd. Sec. 2, Ch. 308, L. 2017.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 11. State-Tribal Cooperative Agreements › Part 1. General Provisions › 18-11-101. Short title -- purpose

18-11-101. Short title -- purpose.
(1) This chapter shall be known and may be cited as the "State-Tribal Cooperative Agreements Act".
(2) It is the intent of the legislature that this part be used to promote cooperation between the state or a public agency and a sovereign tribal government in mutually beneficial activities and services.
(3) It is the goal of the legislature to prevent the possibility of dual taxation by governments while promoting state, local, and tribal economic development.
History: En. Sec. 1, Ch. 309, L. 1981; (2), (3)En. Sec. 1, Ch. 625, L. 1993.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 11. State-Tribal Cooperative Agreements › Part 1. General Provisions › 18-11-102. Definitions

18-11-102. Definitions.
As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Public agency" means any political subdivision, including municipalities, counties, school districts, and any agency or department of the state of Montana.
(2) "Tribal government" means the officially recognized government of any Indian tribe, nation, or other organized group or community located in Montana exercising self-government powers and recognized as eligible for services provided by the United States to Indians because of their status as Indians.
History: En. Sec. 2, Ch. 309, L. 1981.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 11. State-Tribal Cooperative Agreements › Part 1. General Provisions › 18-11-103. Authorization to enter agreement -- general contents

18-11-103. Authorization to enter agreement -- general contents.
(1) Any one or more public agencies may enter into an agreement with any one or more tribal governments to:
(a) perform any administrative service, activity, or undertaking that a public agency or a tribal government entering into the contract is authorized by law to perform; and
(b) assess and collect or refund any tax or license or permit fee lawfully imposed by the state or a public agency and a tribal government and to share or refund the revenue from the assessment and collection.
(2) The agreement must be authorized and approved by the governing body of each party to the agreement. If a state agency is a party to an agreement, the governor or the governor's designee is the governing body.
(3) The agreement must set forth fully the powers, rights, obligations, and responsibilities of the parties to the agreement.
(4) (a) Prior to entering into an agreement on taxation with a tribal government, a public agency shall provide public notice and hold a public meeting on the reservation whose government is a party to the proposed agreement for the purpose of receiving comments from and providing written and other information to interested persons with respect to the proposed agreement.
(b) At least 14 days but not more than 30 days prior to the date scheduled for the public meeting, a notice of the proposed agreement and public meeting must be published in a newspaper of general circulation in the county or counties in which the reservation is located.
(c) At the time the notice of the meeting is published, a synopsis of the proposed agreement must be made available to interested persons.
History: En. Sec. 3, Ch. 309, L. 1981; amd. Sec. 2, Ch. 625, L. 1993.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 11. State-Tribal Cooperative Agreements › Part 1. General Provisions › 18-11-104. Detailed contents of agreement

18-11-104. Detailed contents of agreement.
(1) The agreement authorized by 18-11-103 must specify the following:
(a) its duration;
(b) the precise organization, composition, and nature of any separate legal entity created by the agreement;
(c) the purpose of the agreement;
(d) the manner of financing the agreement and establishing and maintaining a budget for the agreement;
(e) the method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon partial or complete termination;
(f) provision for administering the agreement, which may include creation of a joint board responsible for administration;
(g) the manner of acquiring, holding, and disposing of real and personal property used in the agreement; and
(h) other necessary and proper matters.
(2) If an agreement involves law enforcement, it must also include:
(a) the minimum training standards and qualifications of law enforcement personnel;
(b) the respective liability of each public agency and tribal government for the actions of law enforcement officers when acting under the provisions of an agreement;
(c) the minimum insurance required of both the public agency and the tribal government; and
(d) the exact chain of command to be followed by law enforcement officers acting under the provisions of an agreement.
(3) If an agreement involves the assessment and collection or refund of a similar tax or license or permit fee by the state or a public agency and a tribal government, it must also include:
(a) the procedure for determining the amount of revenue to be shared by the state or a public agency and the tribal government;
(b) the administrative procedures for collection of the shared revenue;
(c) the minimum insurance or bonding, if any, required by the state or a public agency or the tribal government;
(d) a statement specifying the administrative expenses, if any, to be deducted pursuant to 18-11-112 by the collector of the tax or license or permit fee;
(e) a statement that the state or a public agency or the tribal government collecting the tax or license or permit fee is subject to an audit report by a mutually agreed upon auditor of the revenue collected and administrative expenses;
(f) a statement that the state or a public agency and the tribal government will cooperate to collect only one tax and will share or refund the revenue as specified in the agreement;
(g) a statement that a taxpayer may not be required to pay both the state tax and the tribal tax but shall pay only one tax to one government in an amount established in the agreement; and
(h) a statement that the parties to the agreement are not forfeiting any legal rights to apply their respective taxes by entering into an agreement, except as specifically set forth in the agreement.
History: En. Sec. 4, Ch. 309, L. 1981; amd. Sec. 3, Ch. 625, L. 1993.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 11. State-Tribal Cooperative Agreements › Part 1. General Provisions › 18-11-105. Submission of agreement to attorney general

18-11-105. Submission of agreement to attorney general.
(1) As a condition precedent to an agreement made under this chapter becoming effective, it must have the approval of the attorney general of Montana.
(2) The attorney general shall approve an agreement submitted under this chapter unless the attorney general finds that the agreement is not in proper form, does not meet the requirements set forth in this chapter, or otherwise does not conform to the laws of Montana. If the attorney general disapproves an agreement, the attorney general shall provide a detailed, written statement to the governing bodies of the public agency and tribal government concerned, specifying the reasons for disapproval.
(3) If the attorney general does not disapprove the agreement within 30 days after its submission, it must be considered approved.
History: En. Sec. 5, Ch. 309, L. 1981; amd. Sec. 228, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 11. State-Tribal Cooperative Agreements › Part 1. General Provisions › 18-11-107. Filing of agreement

18-11-107. Filing of agreement.
(1) Within 60 days after approval by the attorney general and signature of the parties, an agreement made pursuant to this chapter must be filed with:
(a) the regional office of the bureau of Indian affairs of the United States department of the interior having trust responsibility for the tribe that is party to the agreement or its successor agency;
(b) each county clerk and recorder of each county where the principal office of one of the parties to the agreement is located, except as provided in (2) of this section;
(c) the secretary of state; and
(d) the affected tribal government.
(2) If a party to the agreement is a state agency, the agreement need not be filed with the county clerk and recorder for Lewis and Clark County.
History: En. Sec. 7, Ch. 309, L. 1981; amd. Sec. 1, Ch. 38, L. 1985; amd. Sec. 1, Ch. 54, L. 2001.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 11. State-Tribal Cooperative Agreements › Part 1. General Provisions › 18-11-108. Revocation of agreement

18-11-108. Revocation of agreement.
An agreement made pursuant to this chapter is subject to revocation by any party upon 6 months' notice to the other unless a different notice period of time is provided for within the agreement. No agreement may provide for a notice period for revocation in excess of 5 years.
History: En. Sec. 8, Ch. 309, L. 1981.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 11. State-Tribal Cooperative Agreements › Part 1. General Provisions › 18-11-109. Authorization to appropriate funds for purpose of agreement

18-11-109. Authorization to appropriate funds for purpose of agreement.
Any public agency entering into an agreement pursuant to this chapter may appropriate funds for and may sell, lease, or otherwise give or supply material to any entity created for the purpose of performance of the agreement and may provide such personnel or services therefor as is within its legal power to furnish.
History: En. Sec. 9, Ch. 309, L. 1981.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 11. State-Tribal Cooperative Agreements › Part 1. General Provisions › 18-11-110. Specific limitations on agreements

18-11-110. Specific limitations on agreements.
Nothing in this chapter may be construed to authorize an agreement that:
(1) is not permitted by federal law. However, the parties are encouraged to deal with substantive matters and enforcement matters that can be mutually agreed upon, but no such agreement may be considered to affect the underlying jurisdictional authority of any party unless expressly authorized by congress.
(2) authorizes a public agency or tribal government, either separately or pursuant to agreement, to expand or diminish the jurisdiction presently exercised by the government of the United States to make criminal laws for or enforce criminal laws in Indian country; or
(3) authorizes a public agency or tribal government to enter into an agreement except as authorized by their own organizational documents or enabling laws.
History: En. Sec. 10, Ch. 309, L. 1981; amd. Sec. 1, Ch. 81, L. 1985.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 11. State-Tribal Cooperative Agreements › Part 1. General Provisions › 18-11-112. Revenue account -- administrative account -- distribution of revenue

18-11-112. Revenue account -- administrative account -- distribution of revenue.
(1) The revenue collected by the state, a public agency, or a tribal government under a state-tribal cooperative agreement and the administrative expenses, if any, deducted under subsection (2) from the total revenue collected must be deposited in separate special revenue accounts.
(2) Administrative expenses deducted by the state, a public agency, or a tribal government for collection of revenue may not exceed the actual cost of collecting the revenue on a reservation or 5%, whichever is less. Money from an administrative account may be expended only for the purpose of administering the tax or fee imposed under the state-tribal cooperative agreement or for paying the costs incurred in terminating the agreement.
(3) Except for administrative expenses, if any, deducted under subsection (2), revenue collected by a public agency under a state-tribal agreement must be deposited in separate special revenue accounts and must be disbursed as provided for in the agreement. If a public agency that is a party to an agreement is a local government, the agreement must provide for the disposition of revenue.
(4) Money deposited in a state administrative expenses account and in a state special revenue account is statutorily appropriated, as provided in 17-7-502, to the department or public agency that is a party to a state-tribal cooperative agreement under 18-11-103, for the purpose of paying administrative expenses or paying to a tribe its portion of the tax or fee.
(5) If a tax or license or permit fee is collected or refunded pursuant to a state-tribal cooperative agreement, each party must receive its share as provided in the agreement, notwithstanding any contrary state statutory, public agency ordinance, or tribal ordinance distribution formula. For distribution of the remainder, the state statutory, public agency, or tribal distribution formula must apply as if the amount remaining after each party to the agreement receives its share were the total revenue collected from the tax or license or permit fee.
History: En. Sec. 4, Ch. 625, L. 1993.
2023 Montana Code Annotated › Title 18. Public Contracts › Chapter 11. State-Tribal Cooperative Agreements › Part 1. General Provisions › 18-11-121. Authorization to become contracting employer in public employees' retirement system

18-11-121. Authorization to become contracting employer in public employees' retirement system.
A separate legal entity created and authorized under this part that manages or operates an irrigation project may contract with the public employees' retirement board as provided in Title 19, chapter 3, part 2, to become a contracting employer in the public employees' retirement system.
History: En. Sec. 1, Ch. 404, L. 2011.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 1. General Provisions › 19-1-101. Declaration of policy

19-1-101. Declaration of policy.
In order to extend to employees of the state and its political subdivisions, including employees of the state and its political subdivisions who are members of the public employees' retirement system of the state of Montana, and to the dependents and survivors of such employees the basic protection accorded to others by the old age and survivors' insurance system embodied in the Social Security Act, it is hereby declared to be the policy of the legislature, subject to the limitations of this chapter, that such steps be taken as to provide such protection to employees of the state and its political subdivisions on as broad a basis as is permitted under the Social Security Act. It is also the policy of the legislature that the protection afforded employees in positions covered by the public employees' retirement system of the state of Montana on the date an agreement under this chapter is made applicable to service performed in such positions or receiving periodic benefits under such retirement system at such time will not be impaired as a result of making the agreement so applicable or as a result of legislative enactment in anticipation thereof.
History: En. Sec. 1, Ch. 44, L. 1953; amd. Sec. 1, Ch. 270, L. 1955; R.C.M. 1947, 59-1101.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 1. General Provisions › 19-1-103. Exclusions

19-1-103. Exclusions.
This chapter does not apply to the provisions of any retirement plan for firefighters.
History: En. Sec. 8, Ch. 44, L. 1953; amd. and redes. as Sec. 10, Ch. 44, L. 1953 by Sec. 10, Ch. 270, L. 1955; amd. Sec. 3, Ch. 97, L. 1959; amd. Sec. 1, Ch. 122, L. 1974; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 59-1108; amd. Sec. 2, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 1. General Provisions › 19-1-104. Retirement systems to be considered separate

19-1-104. Retirement systems to be considered separate.
(1) Pursuant to section 218(d)(6) of the Social Security Act, 42 U.S.C. 418(d)(6), the public employees' retirement system of the state of Montana is, for the purposes of this chapter, considered a separate retirement system with respect to the state and a separate retirement system with respect to each political subdivision having positions covered by the system.
(2) Pursuant to section 218(c) of the Social Security Act, 42 U.S.C. 418(c), the Montana judges' retirement system, the sheriffs' retirement system, the Montana state game wardens' and peace officers' retirement system, the highway patrol officers' retirement system of the state of Montana, the public employees' retirement system of the state of Montana, and each municipal police retirement fund and each city participating in the municipal police officers' retirement system are, for the purposes of this chapter, considered separate retirement systems with respect to the state and separate retirement systems with respect to each political subdivision having positions covered by those systems.
History: En. as Sec. 3, Ch. 44, L. 1953 by Sec. 3, Ch. 270, L. 1955; amd. Sec. 2, Ch. 122, L. 1974; amd. Sec. 2, Ch. 64, L. 1977; R.C.M. 1947, 59-1102.1(1); amd. Sec. 2, Ch. 114, L. 1979; amd. Sec. 1, Ch. 264, L. 1981; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 101, Ch. 42, L. 1997; amd. Sec. 12, Ch. 223, L. 1997; amd. Sec. 3, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 2. Administration › 19-1-201. Department may adopt rules

19-1-201. Department may adopt rules.
The department may adopt rules necessary to implement the provisions of this chapter.
History: En. Sec. 7, Ch. 44, L. 1953; amd. and redes. as Sec. 9, Ch. 44, L. 1953 by Sec. 9, Ch. 270, L. 1955; R.C.M. 1947, 59-1107; amd. Sec. 4, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 2. Administration › 19-1-202. Costs of administration

19-1-202. Costs of administration.
All costs for the administration of this chapter must be charged to the department.
History: En. Sec. 6, Ch. 44, L. 1953; amd. and redes. as Sec. 8, Ch. 44, L. 1953 by Sec. 8, Ch. 270, L. 1955; amd. Sec. 5, Ch. 248, L. 1965; amd. Sec. 2, Ch. 109, L. 1967; amd. Sec. 5, Ch. 64, L. 1977; R.C.M. 1947, 59-1106; amd. Sec. 1, Ch. 282, L. 1983; amd. Sec. 3, Ch. 412, L. 1995; amd. Sec. 2, Ch. 58, L. 1999; amd. Sec. 5, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 3. Referendum and Certification › 19-1-301. Authorization of referendum by governor

19-1-301. Authorization of referendum by governor.
With respect to members of the public employees', highway patrol officers', judges', and game wardens' and peace officers' retirement systems, the governor is empowered to authorize a referendum, and with respect to the employees of any political subdivision, the governor shall authorize a referendum upon the request of the governing body of the subdivision.
History: En. as Sec. 3, Ch. 44, L. 1953 by Sec. 3, Ch. 270, L. 1955; amd. Sec. 2, Ch. 122, L. 1974; amd. Sec. 98, Ch. 326, L. 1974; amd. Sec. 2, Ch. 64, L. 1977; R.C.M. 1947, 59-1102.1(2); amd. Sec. 2, Ch. 264, L. 1981; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 12, Ch. 223, L. 1997; amd. Sec. 229, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 3. Referendum and Certification › 19-1-302. Conduct of referendum

19-1-302. Conduct of referendum.
The governor shall designate the department director, who shall direct the administrator to conduct and supervise a referendum. The referendum must be conducted in accordance with the requirements of section 218(d)(3) of the Social Security Act, 42 U.S.C. 418(d)(3), on the question of whether service in positions covered by a retirement system established by the state or by a political subdivision thereof should be excluded from or included under this chapter.
History: En. as Sec. 3, Ch. 44, L. 1953 by Sec. 3, Ch. 270, L. 1955; amd. Sec. 2, Ch. 122, L. 1974; amd. Sec. 98, Ch. 326, L. 1974; amd. Sec. 2, Ch. 64, L. 1977; R.C.M. 1947, 59-1102.1(3); amd. Sec. 6, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 3. Referendum and Certification › 19-1-303. Notice of referendum

19-1-303. Notice of referendum.
The notice of referendum required by section 218(d)(3)(C) of the Social Security Act, 42 U.S.C. 418(d)(3)(C), to be given to employees must contain or be accompanied by a statement, in the form and detail that the department director, acting through the administrator, considers necessary and sufficient, informing the employees of the rights that will accrue to them and their dependents and survivors and the liabilities to which they will be subject if their services are included under an agreement under this chapter.
History: En. as Sec. 3, Ch. 44, L. 1953 by Sec. 3, Ch. 270, L. 1955; amd. Sec. 2, Ch. 122, L. 1974; amd. Sec. 98, Ch. 326, L. 1974; amd. Sec. 2, Ch. 64, L. 1977; R.C.M. 1947, 59-1102.1(4); amd. Sec. 7, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 3. Referendum and Certification › 19-1-304. Certification of referendum by governor

19-1-304. Certification of referendum by governor.
When the department receives satisfactory evidence that the conditions specified in section 218(d)(3) of the Social Security Act, 42 U.S.C. 418(d)(3), have been met, the governor shall certify the results of the referendum to the commissioner of social security.
History: En. as Sec. 3, Ch. 44, L. 1953 by Sec. 3, Ch. 270, L. 1955; amd. Sec. 2, Ch. 122, L. 1974; amd. Sec. 98, Ch. 326, L. 1974; amd. Sec. 2, Ch. 64, L. 1977; R.C.M. 1947, 59-1102.1(5); amd. Sec. 33, Ch. 10, L. 1993; amd. Sec. 2, Ch. 138, L. 2015; amd. Sec. 8, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 4. Federal-State Agreement › 19-1-401. Authority for federal-state agreement

19-1-401. Authority for federal-state agreement.
The department director, with the approval of the governor, may enter into an agreement on behalf of the state with the commissioner of social security, consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of the federal old age and survivors' insurance system to employees of the state or any political subdivision of the state with respect to services specified in the agreement that constitute "employment", as defined in 19-1-102.
History: En. Sec. 3, Ch. 44, L. 1953; amd. and redes. as Sec. 4, Ch. 44, L. 1953 by Sec. 4, Ch. 270, L. 1955; amd. Sec. 1, Ch. 97, L. 1959; R.C.M. 1947, 59-1103(part); amd. Sec. 34, Ch. 10, L. 1993; amd. Sec. 3, Ch. 138, L. 2015; amd. Sec. 9, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 4. Federal-State Agreement › 19-1-402. Contents of federal-state agreement

19-1-402. Contents of federal-state agreement.
The agreement authorized by 19-1-401 may contain provisions relating to coverage, benefits, effective date, and modification of the agreement, administration, and other appropriate provisions as the department director and the commissioner of social security agree upon. Except as otherwise required or permitted by the Social Security Act regarding the services to be covered, the agreement must provide that:
(1) benefits will be provided for employees whose services are covered by the agreement and for their dependents and survivors on the same basis as though the services constituted employment within the meaning of Title II of the Social Security Act;
(2) the agreement must be effective with respect to services in employment covered by the agreement performed after a date specified in the agreement, but may not be effective with respect to services performed prior to the first day of the calendar year in which the agreement is entered into or in which the modification of the agreement making it applicable to services is entered into, except that the effective date may be made retroactive to the extent permitted by section 218(e) of the Social Security Act, 42 U.S.C. 418(e);
(3) all services that constitute employment and are performed by employees of the state must be covered by the agreement; and
(4) all services that constitute employment, are performed by employees of a political subdivision of the state, and are covered by a plan that is in conformity with the terms of the agreement and that has been approved by the department under Title 19, chapter 1, part 5, must be covered by the agreement.
History: En. Sec. 3, Ch. 44, L. 1953; amd. and redes. as Sec. 4, Ch. 44, L. 1953 by Sec. 4, Ch. 270, L. 1955; amd. Sec. 1, Ch. 97, L. 1959; R.C.M. 1947, 59-1103(part); amd. Sec. 35, Ch. 10, L. 1993; amd. Sec. 102, Ch. 42, L. 1997; amd. Sec. 1, Ch. 161, L. 2009; amd. Sec. 4, Ch. 138, L. 2015; amd. Sec. 10, Ch. 250, L. 2015.
2023 Montana Code Annotated › Title 19. Public Retirement Systems › Chapter 1. Social Security › Part 5. Plans for Employees of Political Subdivisions › 19-1-501. Submission of plan and agreement

19-1-501. Submission of plan and agreement.
Each political subdivision of the state shall submit for approval by the department a plan and agreement between the state and the political subdivision for extending the benefits of Title II of the Social Security Act, in conformity with applicable provisions of the act, to employees of the political subdivision.
History: En. Sec. 4, Ch. 44, L. 1953; amd. and redes. as Sec. 6, Ch. 44, L. 1953 by Sec. 6, Ch. 270, L. 1955; amd. Sec. 2, Ch. 97, L. 1959; amd. Sec. 199, Ch. 147, L. 1963; amd. Sec. 3, Ch. 64, L. 1977; R.C.M. 1947, 59-1104(part); amd. Sec. 11, Ch. 250, L. 2015.