reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 35. Department of Environmental Quality › 2-15-3502. Board of environmental review

2-15-3502. Board of environmental review.
(1) There is a board of environmental review.
(2) The board consists of seven members appointed by the governor. The members must be representative of the geographic areas of the state. One member must have expertise or background in hydrology. One member must have expertise or background in local government planning. One member must have expertise or background in one of the environmental sciences. One member must have expertise or background as a county health officer or as a medical doctor.
(3) A vacancy occurring on the board must be filled by the governor in the same manner and from the same representative area as the original appointment.
(4) The board is designated as a quasi-judicial board for purposes of 2-15-124.
(5) The board is attached to the department of environmental quality for administrative purposes only as provided in 2-15-121.
History: En. Sec. 21, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 1. General Provisions › 2-16-101. Classification of public officers

2-16-101. Classification of public officers.
(1) The public officers of this state are classified as follows:
(a) legislative;
(b) executive;
(c) judicial;
(d) ministerial officers and officers of the courts.
(2) This classification is not to be construed as defining the legal powers of either class.
(3) Executive officers are either:
(a) civil; or
(b) military.
History: (1), (2)En. Sec. 140, Pol. C. 1895; re-en. Sec. 49, Rev. C. 1907; re-en. Sec. 50, R.C.M. 1921; Cal. Pol. C. Sec. 220; re-en. Sec. 50, R.C.M. 1935; Sec. 59-101, R.C.M. 1947; (3)En. Sec. 330, Pol. C. 1895; re-en. Sec. 125, Rev. C. 1907; re-en. Sec. 109, R.C.M. 1921; Cal. Pol. C. Sec. 341; re-en. Sec. 109, R.C.M. 1935; Sec. 59-201, R.C.M. 1947; R.C.M. 1947, 59-101, 59-201.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 1. General Provisions › 2-16-102. Qualifications generally -- age and citizenship

2-16-102. Qualifications generally -- age and citizenship.
(1) Provisions respecting disqualifications for particular offices are contained in the constitution and in the provisions of the laws concerning the various offices.
(2) A person is not eligible to hold civil office in this state who at the time of election or appointment is not 18 years of age or older and a citizen of this state.
(3) A person is not eligible to hold civil office in this state who at the time of the filing deadline for the race is not registered to vote in Montana. An exemption must be granted for an individual who will turn 18 years old before the election, but not before the filing deadline pursuant to 13-1-114.
History: (1)En. Sec. 961, Pol. C. 1895; re-en. Sec. 343, Rev. C. 1907; re-en. Sec. 411, R.C.M. 1921; Cal. Pol. C. Sec. 842; re-en. Sec. 411, R.C.M. 1935; Sec. 59-302, R.C.M. 1947; (2)En. Sec. 960, Pol. C. 1895; re-en. Sec. 342, Rev. C. 1907; re-en. Sec. 410, R.C.M. 1921; Cal. Pol. C. Sec. 841; re-en. Sec. 410, R.C.M. 1935; amd. Sec. 14, Ch. 240, L. 1971; amd. Sec. 1, Ch. 9, L. 1973; amd. Sec. 21, Ch. 94, L. 1973; Sec. 59-301, R.C.M. 1947; R.C.M. 1947, 59-301, 59-302; amd. Sec. 96, Ch. 61, L. 2007; amd. Sec. 1, Ch. 495, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 1. General Provisions › 2-16-107. Use of Montana flag at funerals

2-16-107. Use of Montana flag at funerals.
(1) A public official has the right to have a Montana state flag draped over the casket of the public official. The family of the public official is responsible for providing the flag.
(2) As used in this section, "public official" means a person who was ever elected to a statewide office, a state office from a district, or a countywide office.
History: En. Sec. 1, Ch. 219, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 1. General Provisions › 2-16-111. Residence of officers

2-16-111. Residence of officers.
(1) The following officers must reside and keep their offices at the seat of government: the governor, secretary of state, state auditor, attorney general, superintendent of public instruction, justices of the supreme court, and clerk of the supreme court.
(2) Restrictions upon the residence of other officers are contained in the chapter or part relating to the respective officers.
History: (1)En. Sec. 970, Pol. C. 1895; re-en. Sec. 345, Rev. C. 1907; re-en. Sec. 413, R.C.M. 1921; Cal. Pol. C. Sec. 852; re-en. Sec. 413, R.C.M. 1935; amd. Sec. 3, Ch. 468, L. 1977; Sec. 59-304, R.C.M. 1947; (2)En. Sec. 974, Pol. C. 1895; re-en. Sec. 349, Rev. C. 1907; re-en. Sec. 417, R.C.M. 1921; re-en. Sec. 417, R.C.M. 1935; Sec. 59-308, R.C.M. 1947; R.C.M. 1947, 59-304, 59-308.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 1. General Provisions › 2-16-112. Absence from state

2-16-112. Absence from state.
Except as provided in 10-1-1008, an officer mentioned in 2-16-111(1) or an officer appointed by the governor and confirmed by the senate may not be absent from the state for more than 60 consecutive days unless on business of the state or with the consent of the legislature.
History: En. Sec. 971, Pol. C. 1895; re-en. Sec. 346, Rev. C. 1907; re-en. Sec. 414, R.C.M. 1921; Cal. Pol. C. Sec. 853; re-en. Sec. 414, R.C.M. 1935; R.C.M. 1947, 59-305; amd. Sec. 19, Ch. 381, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 1. General Provisions › 2-16-113. Seals

2-16-113. Seals.
(1) Each of the executive and state officers of the state must have a seal. Such seal must contain the same representations and motto as is found on the great seal and must be 2 inches in diameter, surrounded by the words "State of Montana" (giving the title of the office, "Secretary of State", etc.).
(2) An impression of the seal of executive and state officers must be filed in the office of the secretary of state.
History: En. Sec. 1131, Pol. C. 1895; re-en. Sec. 431, Rev. C. 1907; re-en. Sec. 527, R.C.M. 1921; re-en. Sec. 527, R.C.M. 1935; amd. Sec. 3, Ch. 468, L. 1977; R.C.M. 1947, 19-112.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 1. General Provisions › 2-16-114. Facsimile signatures and seals

2-16-114. Facsimile signatures and seals.
(1) As used in this section, the following definitions apply:
(a) "Authorized officer" means any official of this state or any of its departments, agencies, public bodies, or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted.
(b) "Facsimile signature" means a reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer.
(c) "Instrument of payment" means a check, draft, warrant, or order for the payment, delivery, or transfer of funds.
(d) "Public security" means a bond, note, certificate of indebtedness, or other obligation for the payment of money issued by this state or by any of its departments, agencies, public bodies, or other instrumentalities or by any of its political subdivisions.
(2) An authorized officer, after filing with the secretary of state or, in the case of officers of any city, town, county, school district, or other political subdivision, with the clerk of the subdivision, the officer's manual signature certified by the officer under oath, may execute or cause to be executed with a facsimile signature in lieu of the manual signature:
(a) any public security, provided that at least one signature required or permitted to be placed on the security must be manually subscribed, but manual subscription is not required for interest coupons attached to the security; and
(b) any instrument of payment.
(3) Upon compliance with this section by the authorized officer, the facsimile signature has the same legal effect as a manual signature.
(4) When the seal of this state or any of its departments, agencies, public bodies, or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped, or otherwise placed in facsimile on the security or instrument. The facsimile seal has the same legal effect as the impression of the seal.
(5) A person who with intent to defraud uses on a public security or an instrument of payment a facsimile signature or any reproduction of it of any authorized officer or any facsimile seal or any reproduction of it of this state or any of its departments, agencies, public bodies, or other instrumentalities or of any of its political subdivisions is guilty of a felony.
History: En. Secs. 1 thru 4, Ch. 260, L. 1959; R.C.M. 1947, 59-1301, 59-1302, 59-1303, 59-1304; amd. Sec. 97, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 1. General Provisions › 2-16-115. Signature of officer acting ex officio

2-16-115. Signature of officer acting ex officio.
When an officer discharges ex officio the duties of an office other than that to which the officer is elected or appointed, the officer's official signature and attestation, except as otherwise provided by law, must be in the name of the office of which the officer discharges the duties.
History: En. Sec. 1135, Pol. C. 1895; re-en. Sec. 437, Rev. C. 1907; re-en. Sec. 454, R.C.M. 1921; Cal. Pol. C. Sec. 1031; re-en. Sec. 454, R.C.M. 1935; R.C.M. 1947, 59-511; amd. Sec. 98, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 1. General Provisions › 2-16-116. Power to administer oaths

2-16-116. Power to administer oaths.
Every executive, state, and judicial officer may administer and certify oaths.
History: En. Sec. 1132, Pol. C. 1895; re-en. Sec. 434, Rev. C. 1907; re-en. Sec. 463, R.C.M. 1921; Cal. Pol. C. Sec. 1028; re-en. Sec. 463, R.C.M. 1935; R.C.M. 1947, 59-533.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 1. General Provisions › 2-16-117. Office hours

2-16-117. Office hours.
(1) Unless otherwise provided by law, state executive branch offices must be open for the transaction of business continuously from 8 a.m. until 5 p.m. each day except on Saturdays, Sundays, and the holidays specified in 1-1-216(1)(a) through (1)(k). State executive branch offices must be open on state general election day. Each office must also be open at other times as the accommodation of the public or the proper transaction of business requires.
(2) The state treasurer may, in the interest of safekeeping funds, securities, and records, close the state treasurer's office from noon to 1 p.m. each day.
(3) The Montana historical society, established in 22-3-101, may be open for public visitation at hours other than those prescribed in this section, including hours during evenings and weekends.
(4) The department of revenue may establish alternative office hours for its offices located in the various counties if:
(a) the office is staffed by four or fewer full-time employees;
(b) the department holds a public hearing on the alternative office hours in the county seat after providing public notice in a newspaper of general circulation published in the county at least 2 weeks prior to the hearing;
(c) the county commissioners of a county in which the department employees are located in a county building approve the proposed alternative office hours if the alternative hours are outside of the county's normal business hours;
(d) the alternative office hours are adopted by administrative rule; and
(e) the office hours adopted pursuant to subsection (4)(d) are published at least two times a year in a newspaper of general circulation published in the county where the office is located.
History: En. Sec. 1134, Pol. C. 1895; re-en. Sec. 436, Rev. C. 1907; re-en. Sec. 453, R.C.M. 1921; Cal. Pol. C. Sec. 1030; amd. Sec. 1, Ch. 5, L. 1931; re-en. Sec. 453, R.C.M. 1935; amd. Sec. 1, Ch. 22, L. 1951; amd. Sec. 1, Ch. 253, L. 1957; amd. Sec. 1, Ch. 2, L. 1961; R.C.M. 1947, 59-510(1)(part); amd. Sec. 1, Ch. 3, L. 1997; amd. Sec. 1, Ch. 295, L. 2011; amd. Sec. 1, Ch. 87, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 2. Accession to Office › 2-16-201. Manner of election of certain officers

2-16-201. Manner of election of certain officers.
The mode of election of the governor, lieutenant governor, secretary of state, state auditor, attorney general, and superintendent of public instruction is prescribed by the constitution.
History: En. Sec. 340, Pol. C. 1895; re-en. Sec. 128, Rev. C. 1907; re-en. Sec. 111, R.C.M. 1921; Cal. Pol. C. Sec. 348; re-en. Sec. 111, R.C.M. 1935; amd. Sec. 22, Ch. 100, L. 1973; R.C.M. 1947, 59-203.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 2. Accession to Office › 2-16-202. Title contested -- salary withheld

2-16-202. Title contested -- salary withheld.
(1) When the title of the incumbent of any office in this state is contested by proceedings instituted in any court for that purpose, a warrant may not be drawn or paid for any part of the incumbent's salary until the proceedings have been finally determined.
(2) As soon as the proceedings are instituted, the clerk of the court in which they are pending shall certify the facts to the officers whose duty it would otherwise be to draw the warrant or pay the salary.
History: En. Secs. 1040, 1041, Pol. C. 1895; re-en. Secs. 375, 376, Rev. C. 1907; re-en. Secs. 451, 452, R.C.M. 1921; Cal. Pol. C. Secs. 936, 937; re-en. Secs. 451, 452, R.C.M. 1935; R.C.M. 1947, 59-508, 59-509; amd. Sec. 99, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 2. Accession to Office › 2-16-203. Manner of appointments

2-16-203. Manner of appointments.
Every officer, the mode of whose appointment is not prescribed by the constitution or statutes, must be appointed by the governor by and with the advice and consent of the senate.
History: En. Sec. 990, Pol. C. 1895; re-en. Sec. 351, Rev. C. 1907; re-en. Sec. 419, R.C.M. 1921; Cal. Pol. C. Sec. 875; re-en. Sec. 419, R.C.M. 1935; R.C.M. 1947, 59-401.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 2. Accession to Office › 2-16-204. Gubernatorial commissions

2-16-204. Gubernatorial commissions.
(1) The governor shall commission:
(a) all officers elected by the people whose commissions are not otherwise provided for;
(b) all officers of the militia;
(c) all agency heads appointed by the governor with consent of the senate;
(d) United States senators.
(2) The commissions of all officers commissioned by the governor must be issued in the name of the state and must be signed by the governor and attested by the secretary of state under the great seal.
History: En. Secs. 1002, 1003, Pol. C. 1895; re-en. Secs. 358, 359, Rev. C. 1907; re-en. Secs. 426, 427, R.C.M. 1921; Cal. Pol. C. Secs. 891, 892; re-en. Secs. 426, 427, R.C.M. 1935; R.C.M. 1947, 59-409, 59-410; amd. Sec. 1, Ch. 386, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 2. Accession to Office › 2-16-205. Other commissions

2-16-205. Other commissions.
The commissions of all other officers, where no special provision is made by law, must be signed by the presiding officer of the body or by the person making the appointment.
History: En. Sec. 1004, Pol. C. 1895; re-en. Sec. 360, Rev. C. 1907; re-en. Sec. 428, R.C.M. 1921; Cal. Pol. C. Sec. 893; re-en. Sec. 428, R.C.M. 1935; R.C.M. 1947, 59-411.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 2. Accession to Office › 2-16-211. Oaths -- form -- before whom -- when

2-16-211. Oaths -- form -- before whom -- when.
(1) Members of the legislature and all officers, executive, ministerial, or judicial, must, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support, protect, and defend the constitution of the United States and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity (so help me God)."
(2) No other oath, declaration, or test must be required as a qualification for any office or public trust.
(3) Except when otherwise provided, the oath may be taken before any officer authorized to administer oaths.
History: (1), (2)En. Sec. 3, p. 90, L. 1876; re-en. Sec. 575, 5th Div. Rev. Stat. 1879; re-en. Sec. 1067, 5th Div. Comp. Stat. 1887; amd. Sec. 1010, Pol. C. 1895; re-en. Sec. 362, Rev. C. 1907; re-en. Sec. 430, R.C.M. 1921; Cal. Pol. C. Sec. 904; re-en. Sec. 430, R.C.M. 1935; amd. Sec. 4, Ch. 7, L. 1973; amd. Sec. 23, Ch. 100, L. 1973; Sec. 59-413, R.C.M. 1947; (3)En. Sec. 1013, Pol. C. 1895; re-en. Sec. 365, Rev. C. 1907; re-en. Sec. 433, R.C.M. 1921; Cal. Pol. C. Sec. 908; re-en. Sec. 433, R.C.M. 1935; Sec. 59-416, R.C.M. 1947; R.C.M. 1947, 59-413, 59-416.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 2. Accession to Office › 2-16-212. Filing

2-16-212. Filing.
(1) Unless a different time is prescribed by law, the oath of office must be taken, subscribed, and filed within 30 days after the officer has notice of election or appointment or before the expiration of 15 days from the commencement of the term of office when a notice of election or appointment has not been given.
(2) An oath of office, certified by the officer before whom the oath was taken, must be filed within the time required by law, except when otherwise specially provided, as follows:
(a) the oath of all officers whose authority is not limited to any particular county, in the office of the secretary of state;
(b) the oath of all officers, elected or appointed for any county and of all officers whose duties are local or whose residence in any particular county is prescribed by law and of the clerks of the district courts, in the offices of the clerks of the respective counties.
History: (1)En. Sec. 1, Ch. 1, L. 1907; Sec. 364, Rev. C. 1907; re-en. Sec. 432, R.C.M. 1921; Cal. Pol. C. Sec. 907; re-en. Sec. 432, R.C.M. 1935; Sec. 59-415, R.C.M. 1947; (2)En. Sec. 1014, Pol. C. 1895; re-en. Sec. 366, Rev. C. 1907; re-en. Sec. 434, R.C.M. 1921; Cal. Pol. C. Sec. 909; re-en. Sec. 434, R.C.M. 1935; amd. Sec. 1, Ch. 77, L. 1949; Sec. 59-417, R.C.M. 1947; R.C.M. 1947, 59-415, 59-417(1), (2); amd. Sec. 100, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 2. Accession to Office › 2-16-213. Term of office -- holdover -- assumption of office

2-16-213. Term of office -- holdover -- assumption of office.
(1) An office for which the duration is not fixed by law is held at the pleasure of the appointing authority.
(2) An officer shall continue to discharge the duties of the office, although the term has expired, until a successor has qualified.
(3) Notwithstanding the provisions of subsection (2), an appointee who is by law subject to confirmation by the senate may, upon expiration of or vacancy in the previous term, assume the office to which appointed and is a de jure officer even though the senate has not yet confirmed the appointment. If the senate rejects the appointment, the office becomes vacant.
History: En. Secs. 993, 994, Pol. C. 1895; re-en. Secs. 354, 355, Rev. C. 1907; re-en. Secs. 422, 423, R.C.M. 1921; Cal. Pol. C. Secs. 878, 879; re-en. Secs. 422, 423, R.C.M. 1935; R.C.M. 1947, 59-405, 59-406; amd. Sec. 2, Ch. 83, L. 1983; amd. Sec. 101, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 2. Accession to Office › 2-16-214. Definition of current term for purposes of term limits

2-16-214. Definition of current term for purposes of term limits.
As used in Article IV, section 8, of the Montana constitution, "current term" means the term served after regular election to a full term to an office and does not include time served in an appointed or an elected capacity in an office to finish the term of the original incumbent after a vacancy has occurred.
History: En. Sec. 1, Ch. 144, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 3. Deputies › 2-16-301. Appointment of deputies and subordinate officers -- number

2-16-301. Appointment of deputies and subordinate officers -- number.
(1) All assistants, deputies, and other subordinate officers whose appointments are not otherwise provided for must be appointed by the officer or body to whom they are respectively subordinate.
(2) When the number of such deputies or subordinate officers is not fixed by law, it is limited only by the discretion of the appointing power.
(3) The appointment of deputies not otherwise provided for must be made in writing filed in the office of the appointing power or the office of its clerk.
History: (1)En. Sec. 991, Pol. C. 1895; re-en. Sec. 352, Rev. C. 1907; re-en. Sec. 420, R.C.M. 1921; Cal. Pol. C. Sec. 876; re-en. Sec. 420, R.C.M. 1935; Sec. 59-402, R.C.M. 1947; (2)En. Sec. 992, Pol. C. 1895; re-en. Sec. 353, Rev. C. 1907; re-en. Sec. 421, R.C.M. 1921; Cal. Pol. C. Sec. 877; re-en. Sec. 421, R.C.M. 1935; Sec. 59-403, R.C.M. 1947; (3)En. Sec. 1005, Pol. C. 1895; re-en. Sec. 361, Rev. C. 1907; re-en. Sec. 429, R.C.M. 1921; Cal. Pol. C. Sec. 894; re-en. Sec. 429, R.C.M. 1935; Sec. 59-412, R.C.M. 1947; R.C.M. 1947, 59-402, 59-403, 59-412; amd. Sec. 1, Ch. 21, L. 1983.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 3. Deputies › 2-16-302. Oath of deputies

2-16-302. Oath of deputies.
Deputies must within 10 days after receiving notice of their appointment take and file an oath in the manner required of their principals.
History: En. Sec. 1015, Pol. C. 1895; re-en. Sec. 367, Rev. C. 1907; re-en. Sec. 435, R.C.M. 1921; Cal. Pol. C. Sec. 910; re-en. Sec. 435, R.C.M. 1935; R.C.M. 1947, 59-418; amd. Sec. 2, Ch. 21, L. 1983.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 3. Deputies › 2-16-303. Powers

2-16-303. Powers.
In all cases not otherwise provided for, each deputy possesses the powers and may perform the duties attached by law to the office of the principal.
History: En. Sec. 980, Pol. C. 1895; re-en. Sec. 350, Rev. C. 1907; re-en. Sec. 418, R.C.M. 1921; Cal. Pol. C. Sec. 865; re-en. Sec. 418, R.C.M. 1935; R.C.M. 1947, 59-404; amd. Sec. 102, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 4. Salaries › 2-16-401. Repealed

2-16-401. Repealed.
Sec. 3, Ch. 236, L. 1985.
History: (1) thru (3)En. Sec. 1, Ch. 66, L. 1973; amd. Sec. 1, Ch. 41, L. 1974; Sec. 59-1401, R.C.M. 1947; (4) thru (8)Ap. p. Sec. 2, Ch. 66, L. 1973; amd. Sec. 2, Ch. 41, L. 1974; amd. Sec. 8, Ch. 453, L. 1977; Sec. 59-1402, R.C.M. 1947; Ap. p. Sec. 4, Ch. 66, L. 1973; amd. Sec. 3, Ch. 41, L. 1974; Sec. 59-1404, R.C.M. 1947; R.C.M. 1947, 59-1401, 59-1402, 59-1404(part); amd. Sec. 25, Ch. 184, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 4. Salaries › 2-16-402. Repealed

2-16-402. Repealed.
Sec. 3, Ch. 236, L. 1985.
History: (1)En. Sec. 3, Ch. 66, L. 1973; Sec. 59-1403, R.C.M. 1947; (2)En. Sec. 4, Ch. 66, L. 1973; amd. Sec. 3, Ch. 41, L. 1974; Sec. 59-1404, R.C.M. 1947; R.C.M. 1947, 59-1403, 59-1404(part).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 4. Salaries › 2-16-403. Salaries of supreme court justices

2-16-403. Salaries of supreme court justices.
Prior to June 30 of each even-numbered year, the department of administration shall conduct a salary survey of justices and chief justices of the highest appellate courts similar to the Montana supreme court for the states of North Dakota, South Dakota, Wyoming, and Idaho. The department shall include the salary for a Montana supreme court justice or the chief justice in determining the average salary for a justice and the average salary for the chief justice. If the average salaries are greater than the salaries for a supreme court justice or the chief justice in Montana, then beginning July 1 of the year following the year in which the survey is conducted, the average salaries are the new salaries for a supreme court justice or the chief justice. A justice's salary or the chief justice's salary may not be reduced.
History: En. Sec. 16, Ch. 455, L. 1995; amd. Sec. 2, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 4. Salaries › 2-16-404. Repealed

2-16-404. Repealed.
Sec. 21, Ch. 455, L. 1995.
History: En. Sec. 1, Ch. 462, L. 1989; amd. Sec. 1, Ch. 656, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 4. Salaries › 2-16-405. Salaries of certain elected state officials

2-16-405. Salaries of certain elected state officials.
(1) The salaries paid to the following elected officials are determined as provided in subsection (2):
(a) governor;
(b) lieutenant governor;
(c) attorney general;
(d) state auditor;
(e) superintendent of public instruction;
(f) public service commission presiding officer;
(g) public service commissioners, other than presiding officer;
(h) secretary of state;
(i) clerk of the supreme court.
(2) Before June 30 of each even-numbered year, the department of administration shall conduct a salary survey of executive branch officials with similar titles to the Montana officials listed in subsection (1) for the states of North Dakota, South Dakota, Wyoming, and Idaho. The department shall include the salary for the Montana official in determining the average salary for the officials with similar titles. If the average salary is greater than the salary for the official in Montana, then beginning July 1 of the year following the year in which the survey is conducted, the average salary is the new salary for the official.
History: En. Sec. 1, Ch. 202, L. 1959; amd. Sec. 2, Ch. 187, L. 1961; amd. Sec. 1, Ch. 212, L. 1963; amd. Sec. 1, Ch. 308, L. 1967; amd. Sec. 1, Ch. 323, L. 1969; amd. Sec. 1, Ch. 314, L. 1971; amd. Sec. 4, Ch. 297, L. 1973; amd. Sec. 22, Ch. 315, L. 1974; amd. Sec. 1, Ch. 377, L. 1974; amd. Sec. 2, Ch. 461, L. 1977; amd. Sec. 3, Ch. 468, L. 1977; R.C.M. 1947, 25-501; amd. Sec. 1, Ch. 650, L. 1979; amd. Sec. 1, Ch. 605, L. 1981; amd. Sec. 1, Ch. 656, L. 1983; amd. Sec. 1, Ch. 693, L. 1985; amd. Sec. 2, Ch. 462, L. 1989; amd. Sec. 1, Ch. 660, L. 1989; amd. Sec. 12, Ch. 720, L. 1991; amd. Sec. 1, Ch. 455, L. 1995; amd. Sec. 2, Ch. 417, L. 1997; amd. Sec. 3, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 4. Salaries › 2-16-406. Salary for all services -- how paid

2-16-406. Salary for all services -- how paid.
(1) The salary of each officer is for all services that are required of the officer or that may be assigned to the office by law, including all services rendered ex officio as a member of any board, commission, or committee, but may not include actual necessary travel, lodging, and subsistence expenses incidental to official duties.
(2) Unless otherwise provided by law, the salaries of officers must be paid out of the general fund in the state treasury monthly on the last day of the month.
History: (1)En. Sec. 2, Ch. 202, L. 1959; amd. Sec. 2, Ch. 187, L. 1961; Sec. 25-501.1, R.C.M. 1947; (2)En. Sec. 1133, Pol. C. 1895; amd. Sec. 1, p. 114, L. 1901; re-en. Sec. 435, Rev. C. 1907; amd. Sec. 1, Ch. 107, L. 1917; re-en. Sec. 442, R.C.M. 1921; re-en. Sec. 442, R.C.M. 1935; Sec. 25-507, R.C.M. 1947; R.C.M. 1947, 25-501.1(part), 25-507; amd. Sec. 103, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 5. Vacancy and Succession › 2-16-501. Vacancies created

2-16-501. Vacancies created.
An office becomes vacant on the occurrence of any one of the following events before the expiration of the term of the incumbent:
(1) the death of the incumbent;
(2) a determination pursuant to Title 53, chapter 21, part 1, that the incumbent suffers from a mental disorder and is in need of commitment;
(3) the effective date stipulated in the resignation of the incumbent;
(4) removal of the incumbent from office;
(5) the incumbent's ceasing to be a resident of the state or, if the office is local, of the district, city, county, town, or township for which the incumbent was chosen or appointed or within which the duties of the incumbent's office are required to be discharged;
(6) except as provided in 10-1-1008, absence of the incumbent from the state, without the permission of the legislature, beyond the period allowed by law;
(7) the incumbent's ceasing to discharge the duty of the incumbent's office for the period of 3 consecutive months, except when prevented by sickness, when absent from the state by permission of the legislature, or as provided in 10-1-1008;
(8) conviction of the incumbent of a felony or of an offense involving moral turpitude or a violation of the incumbent's official duties;
(9) the incumbent's refusal or neglect to file the incumbent's official oath or bond within the time prescribed;
(10) the decision of a competent tribunal declaring void the incumbent's election or appointment.
History: En. Sec. 42, p. 385, Bannack Stat.; re-en. Sec. 42, p. 468, Cod. Stat. 1871; amd. Sec. 554, 5th Div. Rev. Stat. 1879; re-en. Sec. 1046, 5th Div. Comp Stat. 1887; amd. Sec. 1101, Pol. C. 1895; re-en. Sec. 420, Rev. C. 1907; re-en. Sec. 511, R.C.M. 1921; Cal. Pol. C. Sec. 996; re-en. Sec. 511, R.C.M. 1935; R.C.M. 1947, 59-602; amd. Sec. 26, Ch. 184, L. 1979; amd. Sec. 1, Ch. 490, L. 1997; amd. Sec. 20, Ch. 381, L. 2005; amd. Sec. 1, Ch. 266, L. 2011; amd. Sec. 1, Ch. 418, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 5. Vacancy and Succession › 2-16-502. Resignations

2-16-502. Resignations.
Resignations must be in writing, must stipulate an effective date, and must be submitted as follows:
(1) by the governor and lieutenant governor, to the legislature if it is in session and, if not, then to the secretary of state;
(2) by all officers commissioned by the governor, to the governor;
(3) by senators and members of the house of representatives, if the legislature is not in session, to the secretary of state and, if it is in session, to the presiding officer of the branch to which the member belongs, who must immediately transmit the same to the secretary of state;
(4) by all county and township officers not commissioned by the governor, to the clerk of the board of commissioners of their respective counties;
(5) by all other appointed officers, to the body or officer that appointed them;
(6) by all trustees of school districts, to the clerk of the respective school district, provided for in 20-3-325;
(7) in all cases not otherwise provided for, by filing the resignation in the office of the secretary of state.
History: En. Sec. 41, p. 468, Cod. Stat. 1871; re-en. Sec. 553, 5th Div. Rev. Stat. 1879; re-en. Sec. 1045, 5th Div. Comp. Stat. 1887; amd. Sec. 1100, Pol. C. 1895; re-en. Sec. 419, Rev. C. 1907; amd. Sec. 1, Ch. 8, L. 1921; re-en. Sec. 510, R.C.M. 1921; Cal. Pol. C. Sec. 995; re-en. Sec. 510, R.C.M. 1935; R.C.M. 1947, 59-601; amd. Sec. 1, Ch. 68, L. 1981; amd. Sec. 1, Ch. 64, L. 1993; amd. Sec. 2, Ch. 418, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 5. Vacancy and Succession › 2-16-503. Notice of removal

2-16-503. Notice of removal.
Whenever an officer is removed, committed pursuant to 53-21-127, or convicted of a felony or offense involving moral turpitude or a violation of the officer's official duty or whenever the officer's election or appointment is declared void, the body, judge, or officer before whom the proceedings were conducted shall give notice of the proceedings to the officer authorized to fill the vacancy.
History: En. Sec. 1102, Pol. C. 1895; re-en. Sec. 421, Rev. C. 1907; re-en. Sec. 512, R.C.M. 1921; Cal. Pol. C. Sec. 997; re-en. Sec. 512, R.C.M. 1935; R.C.M. 1947, 59-603; amd. Sec. 27, Ch. 184, L. 1979; amd. Sec. 2, Ch. 490, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 5. Vacancy and Succession › 2-16-504. Elective officers' inability to perform -- filling vacancy -- notice

2-16-504. Elective officers' inability to perform -- filling vacancy -- notice.
(1) When an incumbent in the office of lieutenant governor, secretary of state, attorney general, auditor, or superintendent of public instruction is found to be permanently unable to perform the functions of the position, a vacancy exists.
(2) When a written declaration, made as provided in subsection (4), is transmitted to the legislature that any officer enumerated in subsection (1) is unable to discharge the powers and duties of office, the legislature may convene in the manner provided for the convening of special sessions to determine whether the disability exists or it may defer a determination to the next regular session of the legislature.
(3) If the legislature within 21 days after convening, whether in regular or special session, determines by two-thirds vote of its members that the officer is unable to discharge the powers and duties of office, the office is declared to be vacant and must be filled as provided by the constitution of Montana or laws enacted pursuant to the constitution.
(4) The written declaration required under this section must be made and transmitted by the lieutenant governor and attorney general unless one of them is the officer whose disability is in question. If the lieutenant governor is the subject of the declaration, the declaration must be made by the governor and attorney general, and if the attorney general is the subject of the declaration, the declaration must be made by the governor and secretary of state.
History: En. Sec. 1, Ch. 343, L. 1973; R.C.M. 1947, 59-609; amd. Sec. 104, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 5. Vacancy and Succession › 2-16-505. Filling vacancies in certain elective offices

2-16-505. Filling vacancies in certain elective offices.
A vacancy in the office of the secretary of state, state auditor, attorney general, clerk of the supreme court, or superintendent of public instruction must be filled by a person appointed by the governor. The appointee holds office until the first Monday in January after the next general election. At that election, the office must be filled by election for the unexpired term.
History: En. Sec. 1106, Pol. C. 1895; re-en. Sec. 425, Rev. C. 1907; re-en. Sec. 516, R.C.M. 1921; Cal. Pol. C. Sec. 1001; re-en. Sec. 516, R.C.M. 1935; amd. Sec. 3, Ch. 468, L. 1977; R.C.M. 1947, 59-607; amd. Sec. 105, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 5. Vacancy and Succession › 2-16-506. Filling vacancies -- recess appointments

2-16-506. Filling vacancies -- recess appointments.
(1) When any office becomes vacant and no mode is provided by law for filling the vacancy, the governor shall fill the vacancy by appointing a qualified person to fill the unexpired term of the person whose office became vacant.
(2) If the legislature or one house of the legislature must confirm an appointment of a person appointed by the governor to fill a vacancy, the governor may appoint the person to assume office before the legislature meets in its next regular session to consider the appointment. A person so appointed is vested with all the functions of the office upon assuming the office and is a de jure officer, notwithstanding the fact that the legislature has not yet confirmed the appointment. If the legislature does not confirm the appointment, the governor shall make a new appointment to fill the unexpired term.
History: En. Sec. 1104, Pol. C. 1895; re-en. Sec. 423, Rev. C. 1907; re-en. Sec. 514, R.C.M. 1921; Cal. Pol. C. Sec. 999; re-en. Sec. 514, R.C.M. 1935; amd. Sec. 1, Ch. 388, L. 1973; R.C.M. 1947, 59-605.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 5. Vacancy and Succession › 2-16-507. Powers and duties of officer filling unexpired term

2-16-507. Powers and duties of officer filling unexpired term.
A person elected or appointed to fill a vacancy, after filing the official oath and bond, possesses all the rights and powers and is subject to all the liabilities, duties, and obligations as if the person had been elected to the office for a full term.
History: En. Sec. 1107, Pol. C. 1895; re-en. Sec. 426, Rev. C. 1907; re-en. Sec. 517, R.C.M. 1921; Cal. Pol. C. Sec. 1004; re-en. Sec. 517, R.C.M. 1935; R.C.M. 1947, 59-608; amd. Sec. 106, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 5. Vacancy and Succession › 2-16-511. Vacancy in office of governor and lieutenant governor

2-16-511. Vacancy in office of governor and lieutenant governor.
(1) If the offices of both the governor and the lieutenant governor become vacant, the president of the senate shall become governor and shall appoint a lieutenant governor.
(2) If the president of the senate is unable to assume the office of governor, the speaker of the house shall become governor and a lieutenant governor shall be elected in accordance with the provision of 2-16-512.
History: En. Sec. 1, Ch. 29, L. 1973; R.C.M. 1947, 82-1304.1.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 5. Vacancy and Succession › 2-16-512. Election by legislature if president of senate and speaker unable to assume office of governor

2-16-512. Election by legislature if president of senate and speaker unable to assume office of governor.
(1) If neither the president of the senate nor the speaker of the house of representatives is able to assume the office of governor, the legislature, meeting in joint session, shall elect a governor and a lieutenant governor.
(2) When the speaker of the house becomes governor, the legislature will meet in joint session and shall elect a lieutenant governor.
History: En. Sec. 2, Ch. 29, L. 1973; R.C.M. 1947, 82-1304.2.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 5. Vacancy and Succession › 2-16-513. Succession in case of termination or incapacitation of primary successors

2-16-513. Succession in case of termination or incapacitation of primary successors.
(1) If, because of an enemy attack upon the United States, the governor, lieutenant governor, president pro tempore of the senate, and speaker of the house are killed or rendered unable to serve as governor, the senior member of the legislature shall act as governor.
(2) The senior member of the legislature shall call an emergency session of the legislature at a safe location within the state. The legislature meeting in joint session shall elect a governor.
(3) For the purposes of this section, the member with seniority is the member who has served in the legislature for the longest continuous period of time up to and including the member's current term. If two or more members of the legislature have equal seniority, the line of succession among them is from eldest to youngest in age.
History: En. Sec. 1, Ch. 148, L. 1959; R.C.M. 1947, 82-1309; amd. Sec. 28, Ch. 184, L. 1979; amd. Sec. 107, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 5. Vacancy and Succession › 2-16-514. Successor to serve until next general election

2-16-514. Successor to serve until next general election.
The successor to the governor and the lieutenant governor shall serve until the next general election and shall have all the powers, duties, and emoluments of the respective offices.
History: En. Sec. 3, Ch. 29, L. 1973; R.C.M. 1947, 82-1304.3.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 5. Vacancy and Succession › 2-16-515. Governor and lieutenant governor incapacitated

2-16-515. Governor and lieutenant governor incapacitated.
(1) If both the governor and lieutenant governor are unable to serve as governor, the president of the senate shall become acting governor until the governor or lieutenant governor is able to resume the duties of the office.
(2) If the president of the senate is unable to become acting governor, the speaker of the house of representatives shall become acting governor.
History: En. Sec. 4, Ch. 29, L. 1973; R.C.M. 1947, 82-1304.4.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 5. Vacancy and Succession › 2-16-521. Powers of acting governor

2-16-521. Powers of acting governor.
(1) Every provision of the laws of this state in relation to the powers and duties of the governor and in relation to acts and duties to be performed by others toward the governor extends to the persons performing for the time being the duties of governor.
(2) An acting governor has all the rights, duties, and emoluments of the office of governor while acting as governor.
History: (1)En. Sec. 373, Pol. C. 1895; re-en. Sec. 148, Rev. C. 1907; re-en. Sec. 127, R.C.M. 1921; Cal. Pol. C. Sec. 383; re-en. Sec. 127, R.C.M. 1935; Sec. 82-1304, R.C.M. 1947; (2)En. Sec. 5, Ch. 29, L. 1973; Sec. 82-1304.5, R.C.M. 1947; R.C.M. 1947, 82-1304, 82-1304.5; amd. Sec. 108, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-601. Short title

2-16-601. Short title.
This part shall be cited as the "Montana Recall Act".
History: En. Sec. 1, I.M. No. 73, approved November 2, 1976; amd. Sec. 2, Ch. 364, L. 1977; R.C.M. 1947, 59-610.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-602. Definitions

2-16-602. Definitions.
As used in this part, the following definitions apply:
(1) "Political subdivision" means a local government unit including but not limited to a county, city, or town established under authority of Article XI, section 1, of The Constitution of the State of Montana or a school district.
(2) "Public office" means a position of duty, trust, or authority created by the constitution or by the legislature or by a political subdivision through authority conferred by the constitution or the legislature that meets the following criteria:
(a) the position must possess a delegation of a portion of the sovereign power of government to be exercised for the benefit of the public;
(b) the powers conferred and the duties to be discharged must be defined, directly or impliedly, by the constitution, the legislature, or by a political subdivision through legislative authority;
(c) the duties must be performed independently and without control of a superior power other than the law, unless the legislature has created the position and placed it under the general control of a superior office or body; and
(d) the position must have some permanency and continuity and not be only temporary or occasional.
(3) "State-district" means a public service commission district, a legislative representative or senatorial district, or a judicial district.
History: En. 59-611 by Sec. 1, Ch. 364, L. 1977; R.C.M. 1947, 59-611.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-603. Officers subject to recall -- grounds for recall

2-16-603. Officers subject to recall -- grounds for recall.
(1) Any person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office.
(2) A public officer holding an elective office may be recalled by the qualified electors entitled to vote for the elective officer's successor. A public officer holding an appointive office may be recalled by the qualified electors entitled to vote for the successor or successors of the elective officer or officers who have the authority to appoint a person to that position.
(3) Physical or mental lack of fitness, incompetence, violation of the oath of office, official misconduct, or conviction of a felony offense enumerated in Title 45 are the only grounds for recall. A person may not be recalled for performing a mandatory duty of the office that the person holds or for not performing any act that, if performed, would subject the person to prosecution for official misconduct.
History: En. Sec. 2, I.M. No. 73, approved November 2, 1976; amd. Sec. 3, Ch. 364, L. 1977; R.C.M. 1947, 59-612; amd. Sec. 1, Ch. 398, L. 1979; amd. Sec. 109, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-611. Method of removal cumulative

2-16-611. Method of removal cumulative.
The recall is cumulative and additional to, rather than a substitute for, other methods for removal of public officers.
History: En. Sec. 3, I.M. No. 73, approved November 2, 1976; R.C.M. 1947, 69-613.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 16. Public Officers › Part 6. Montana Recall Act › 2-16-612. Persons qualified to petition -- penalty for false signatures

2-16-612. Persons qualified to petition -- penalty for false signatures.
(1) A person who is a qualified elector of this state may sign a petition for recall of a state officer.
(2) A person who is a qualified elector of a district of the state from which a state-district officer is elected may sign a petition for recall of a state-district officer of that district or appointed by an officer or the officers of that election district.
(3) A person who is a qualified elector of a political subdivision of this state may sign a petition for recall of an officer of that political subdivision.
(4) A person signing any name other than the person's own to any petition or knowingly signing more than once for the recall or who is not at the time of the signing a qualified elector or a person who knowingly makes a false entry upon an affidavit required in connection with the filing of a petition for the recall of an officer is guilty of unsworn falsification or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-203 or 45-7-208, as applicable.
History: En. Sec. 10, I.M. No. 73, approved November 2, 1976; amd. Sec. 7, Ch. 364, L. 1977; R.C.M. 1947, 59-620; amd. Sec. 110, Ch. 61, L. 2007; amd. Sec. 1, Ch. 188, L. 2009.