reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 39. Labor › Chapter 34. Arbitration for Firefighters › Part 1. General Provisions › 39-34-101. Arbitration between firefighters and public employers

39-34-101. Arbitration between firefighters and public employers.
(1) This section applies only to firefighters and their public employers.
(2) If an impasse is reached in the course of collective bargaining between a public employer and a firefighters' organization or its exclusive representative and if the procedures for mediation and factfinding in 39-31-307 through 39-31-310 have been exhausted, either party or both jointly may petition the board of personnel appeals for final and binding arbitration.
History: En. Sec. 1, Ch. 472, L. 1979; amd. Sec. 165, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 34. Arbitration for Firefighters › Part 1. General Provisions › 39-34-102. Designation of arbitrator

39-34-102. Designation of arbitrator.
Within 3 days of the receipt of a petition for final and binding arbitration, the board of personnel appeals shall submit to the parties a list of five qualified and disinterested arbitrators. From the list submitted by the board, the parties shall alternately strike two names. The remaining person shall be designated as the arbitrator. The parties shall notify the board of the designated arbitrator within 5 days of the receipt of the list.
History: En. Sec. 2, Ch. 472, L. 1979; amd. Sec. 166, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 34. Arbitration for Firefighters › Part 1. General Provisions › 39-34-103. Powers and duties of arbitrator for firefighters and public employers

39-34-103. Powers and duties of arbitrator for firefighters and public employers.
(1) The arbitrator shall establish dates and a place for hearings and may subpoena witnesses and require the submission of evidence necessary to resolve the impasse.
(2) Prior to making a determination on any issue relating to the impasse, the arbitrator may refer the issues back to the parties for further negotiation.
(3) At the conclusion of the hearings, the arbitrator shall require the parties to submit their respective final position on matters in dispute.
(4) The arbitrator shall make a just and reasonable determination of which final position on matters in dispute will be adopted within 30 days of the commencement of the arbitration proceedings. The arbitrator shall notify the board of personnel appeals and the parties, in writing, of the determination.
(5) In arriving at a determination, the arbitrator shall consider any relevant circumstances, including:
(a) comparison of hours, wages, and conditions of employment of the employees involved with employees performing similar services and with other services generally;
(b) the interests and welfare of the public and the financial ability of the public employer to pay;
(c) appropriate cost-of-living indices;
(d) any other factors traditionally considered in the determination of hours, wages, and conditions of employment.
(6) The determination of the arbitrator is final and binding and is not subject to the approval of any governing body.
History: En. Sec. 3, Ch. 472, L. 1979; amd. Sec. 167, Ch. 575, L. 1981; amd. Sec. 1524, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 34. Arbitration for Firefighters › Part 1. General Provisions › 39-34-104. Collective bargaining permitted during arbitration

39-34-104. Collective bargaining permitted during arbitration.
Nothing prohibits the parties to the impasse from reaching an agreement prior to the rendering of a determination by the arbitrator.
History: En. Sec. 4, Ch. 472, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 34. Arbitration for Firefighters › Part 1. General Provisions › 39-34-106. Cost of arbitration

39-34-106. Cost of arbitration.
The cost of arbitration shall be shared equally by the public employer and the firefighters' organization or its exclusive representative.
History: En. Sec. 6, Ch. 472, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 1. General Provisions › 39-51-101. Short title

39-51-101. Short title.
This chapter shall be known and may be cited as the "Unemployment Insurance Law".
History: En. Sec. 1, Ch. 137, L. 1937; R.C.M. 1947, 87-101; amd. Sec. 1, Ch. 57, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 1. General Provisions › 39-51-102. Declaration of state public policy

39-51-102. Declaration of state public policy.
As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows:
(1) Economic insecurity because of unemployment is a serious menace to the health, morals, and welfare of the people of this state.
(2) Involuntary unemployment is, therefore, a subject of general interest and concern that requires appropriate action by the legislature to prevent its spread and to lighten its burden that now so often falls with crushing force upon the unemployed worker and the worker's family. The achievement of social security requires protection against this greatest hazard of our economic life. This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance.
(3) The legislature, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this chapter under the police powers of the state for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.
History: En. Sec. 2, Ch. 137, L. 1937; R.C.M. 1947, 87-102; amd. Sec. 1525, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 1. General Provisions › 39-51-103. Nonliability of state -- right to benefits subject to provisions of chapter and extent of available funds

39-51-103. Nonliability of state -- right to benefits subject to provisions of chapter and extent of available funds.
(1) Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available therefor to the credit of the unemployment insurance fund, and neither the state nor the department shall be liable for any amount in excess of such sums.
(2) The legislature reserves the right to amend or repeal all or any part of this chapter at any time and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal this chapter at any time.
History: (1)En. Sec. 18, Ch. 137, L. 1937; amd. Sec. 32, Ch. 368, L. 1975; Sec. 87-147, R.C.M. 1947; (2)En. Sec. 20, Ch. 137, L. 1937; Sec. 87-150, R.C.M. 1947; R.C.M. 1947, 87-147, 87-150; amd. Sec. 2, Ch. 57, L. 1979; amd. Sec. 1, Ch. 349, L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 1. General Provisions › 39-51-104. Chapter to become inoperative if federal act becomes inoperative

39-51-104. Chapter to become inoperative if federal act becomes inoperative.
If Title III or Title IX of the federal Social Security Act is declared unconstitutional or in any way becomes inoperative, then this chapter shall terminate and cease and have no force and effect as of the date when said title or titles of said act are declared unconstitutional or become inoperative.
History: En. Sec. 22, Ch. 137, L. 1937; R.C.M. 1947, 87-151.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 1. General Provisions › 39-51-105. Disbursement of funds if federal act becomes inoperative

39-51-105. Disbursement of funds if federal act becomes inoperative.
If Title III or IX of the federal Social Security Act is declared unconstitutional or in any way is inoperative, this chapter automatically becomes inoperative under the provisions of this chapter and the funds which then remain in the unemployment trust fund shall immediately be paid to the state treasurer to be paid into the unemployment insurance fund and funds there held shall be immediately distributed, upon order of the department, to the employers who have contributed thereto on a proportionate basis. If any part thereof remains undistributed for a period of 1 year it shall be paid to the general fund of the state.
History: En. Subd. (d), Sec. 9, Ch. 137, L. 1937; amd. Sec. 8, Ch. 368, L. 1975; R.C.M. 1947, 87-114; amd. Sec. 2, Ch. 57, L. 1979; amd. Sec. 1, Ch. 349, L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 1. General Provisions › 39-51-106. Approval by secretary of labor required for chapter to have effect

39-51-106. Approval by secretary of labor required for chapter to have effect.
If the secretary of labor shall fail to approve this chapter, the same shall immediately terminate and have no force and effect.
History: En. Sec. 23, Ch. 137, L. 1937; amd. Sec. 12, Ch. 156, L. 1961; R.C.M. 1947, 87-152.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 1. General Provisions › 39-51-110. Collateral estoppel

39-51-110. Collateral estoppel.
A finding of fact or law, judgment, conclusion, or final order made with respect to a determination made under this chapter may not be conclusive or binding or used as evidence in any separate or subsequent action or proceeding in another forum except for proceedings under this chapter, regardless of whether the prior action was between the same or related parties or involved the same facts.
History: En. Sec. 7, Ch. 442, L. 1999.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 2. Definitions › 39-51-202. Employer defined

39-51-202. Employer defined.
"Employer" means:
(1) any employing unit whose total annual payroll within either the current or preceding calendar year equals or exceeds the sum of $1,000;
(2) any agricultural employing unit that pays $20,000 or more in cash to workers for agricultural labor in any quarter in the current or preceding calendar year or employs 10 or more workers in agricultural labor on 20 days in 20 different weeks during the current or preceding calendar year;
(3) any domestic employing unit that pays $1,000 or more in cash for domestic service in any quarter during the current or preceding calendar year;
(4) any individual or employing unit which acquired the organization, trade, or business or substantially all of the assets thereof of another which at the time of such acquisition was an employer subject to this chapter;
(5) any individual or employing unit which acquired the organization, trade, or business or substantially all the assets thereof of another employing unit not an employer subject to this chapter and which, if subsequent to such acquisition it were treated as a single unit with such other employing unit, would be an employer under subsection (1) of this section;
(6) any employing unit not an employer by reason of any other subsection of this section for which, within either the current or preceding calendar year, service is or was performed with respect to which such employing unit is liable for any federal tax against which credit may be taken for contributions paid into a state unemployment fund or an employing unit which, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required pursuant to such act to be an employer under this chapter;
(7) any employing unit which, having become an employer under subsection (1), (2), (3), (4), (5), or (6) has not, under 39-51-1101, ceased to be an employer subject to this chapter; or
(8) for the effective period of its election pursuant to 39-51-1102, any other employing unit which has elected to become fully subject to this chapter.
History: En. Subd. (a) to (m), Sec. 19, Ch. 137, L. 1937; amd. Sec. 6, Ch. 137, L. 1939; amd. Sec. 10, Ch. 164, L. 1941; amd. Sec. 5, Ch. 233, L. 1943; amd. Sec. 1, Ch. 160, L. 1953; amd. Sec. 9, Ch. 164, L. 1955; amd. Sec. 11, Ch. 171, L. 1957; amd. Sec. 1, Ch. 177, L. 1959; amd. Sec. 1, Ch. 178, L. 1959; amd. Sec. 2, Ch. 84, L. 1965; amd. Sec. 2, Ch. 37, L. 1969; amd. Sec. 1, Ch. 411, L. 1971; amd. Sec. 1, Ch. 159, L. 1973; amd. Sec. 1, Ch. 404, L. 1973; amd. Sec. 3, Ch. 323, L. 1975; amd. Sec. 1, Ch. 523, L. 1977; R.C.M. 1947, 87-148(part); amd. Sec. 37, Ch. 397, L. 1979; amd. Sec. 2, Ch. 125, L. 1985; amd. Sec. 2, Ch. 618, L. 1989; amd. Sec. 2, Ch. 373, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 2. Definitions › 39-51-206. Agricultural labor -- who treated as employer of member of crew furnished by crew leader

39-51-206. Agricultural labor -- who treated as employer of member of crew furnished by crew leader.
(1) For the purposes of 39-51-203, any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person must be treated as an employee of the crew leader if:
(a) the crew leader holds a valid certificate of registration under the Migrant and Seasonal Agricultural Worker Protection Act, as amended, 29 U.S.C. 1801, et seq.; or
(b) (i) substantially all the members of the crew operate or maintain tractors, mechanized harvesting or cropdusting equipment, or any other mechanized equipment that is provided by the crew leader; and
(ii) the individual is not an employee of the other person for whom services in agricultural labor are performed.
(2) In the case of any individual who is furnished by a crew leader to perform service in agricultural labor for any other person and who is not treated as an employee of the crew leader under subsection (1):
(a) the other person and not the crew leader must be treated as the employer of the individual; and
(b) the other person must be treated as having paid cash remuneration to the individual in an amount equal to the amount of cash remuneration paid to the individual by the crew leader, either on the crew leader's own behalf or on behalf of the other person, for the service in agricultural labor performed for the other person.
(3) The term "crew leader" means an individual who:
(a) furnishes individuals to perform service in agricultural labor for any other person;
(b) pays, either on the crew leader's own behalf or on behalf of the other person, the individuals furnished by the crew leader for the service in agricultural labor performed by them; and
(c) has not entered into a written agreement with the other person under which the individual is designated as an employee of the other person.
History: En. Subd. (a) to (m), Sec. 19, Ch. 137, L. 1937; amd. Sec. 6, Ch. 137, L. 1939; amd. Sec. 10, Ch. 164, L. 1941; amd. Sec. 5, Ch. 233, L. 1943; amd. Sec. 1, Ch. 160, L. 1953; amd. Sec. 9, Ch. 164, L. 1955; amd. Sec. 11, Ch. 171, L. 1957; amd. Sec. 1, Ch. 177, L. 1959; amd. Sec. 1, Ch. 178, L. 1959; amd. Sec. 2, Ch. 84, L. 1965; amd. Sec. 2, Ch. 37, L. 1969; amd. Sec. 1, Ch. 411, L. 1971; amd. Sec. 1, Ch. 159, L. 1973; amd. Sec. 1, Ch. 404, L. 1973; amd. Sec. 3, Ch. 323, L. 1975; amd. Sec. 1, Ch. 523, L. 1977; R.C.M. 1947, 87-148(part); amd. Sec. 5, Ch. 618, L. 1989; amd. Sec. 5, Ch. 373, L. 1991; amd. Sec. 1526, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 2. Definitions › 39-51-207. Treatment of limited liability companies

39-51-207. Treatment of limited liability companies.
For the purposes of this chapter, a limited liability company is treated as follows:
(1) as a sole proprietorship if it is a single-member limited liability company;
(2) as a partnership if it consists of more than a single member and it is not established as a corporation pursuant to the provisions of the Internal Revenue Code for income tax purposes; or
(3) as a corporation if it is classified as a corporation for income tax purposes pursuant to the Internal Revenue Code.
History: En. Sec. 1, Ch. 52, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 3. General Administrative Provisions › 39-51-302. Administrative rules

39-51-302. Administrative rules.
The department may adopt procedural and substantive rules necessary to implement this chapter.
History: En. Subd. (b), Sec. 11, Ch. 137, L. 1937; amd. Sec. 12, Ch. 368, L. 1975; R.C.M. 1947, 87-121; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 5, Ch. 125, L. 1985; amd. Sec. 4, Ch. 61, L. 1999; amd. Sec. 4, Ch. 466, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 3. General Administrative Provisions › 39-51-303. Publication and distribution of materials

39-51-303. Publication and distribution of materials.
The department shall cause to be printed for distribution to the public the text of this chapter, the department's regulations and general and special rules, and any other material the department considers relevant and suitable and shall furnish the same to any person upon application.
History: En. Subd. (c), Sec. 11, Ch. 137, L. 1937; amd. Sec. 13, Ch. 368, L. 1975; R.C.M. 1947, 87-122; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 1, Ch. 370, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 3. General Administrative Provisions › 39-51-304. Personnel -- criminal record background check

39-51-304. Personnel -- criminal record background check.
(1) The department shall hire personnel to administer this chapter in accordance with principles adopted by the department of administration.
(2) Department personnel who have direct access to federal tax information as a result of the department's participation in federal offset programs under 26 U.S.C. 6402 shall submit a full set of fingerprints to the department to facilitate a fingerprint-based criminal record background check by the Montana department of justice and the federal bureau of investigation.
History: En. Subd. (d), Sec. 11, Ch. 137, L. 1937; amd. Sec. 14, Ch. 368, L. 1975; R.C.M. 1947, 87-123; amd. Sec. 40, Ch. 397, L. 1979; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 6, Ch. 125, L. 1985; amd. Sec. 45, Ch. 18, L. 1995; amd. Sec. 4, Ch. 287, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 3. General Administrative Provisions › 39-51-305. Department to appoint appeals referees

39-51-305. Department to appoint appeals referees.
To hear and decide disputed claims, the department shall appoint impartial salaried appeals referees who are necessary for the proper administration of this chapter in accordance with 39-51-304. A person may not participate on behalf of the department in any case in which the person is an interested party. The department may designate alternates to serve in the absence or disqualification of an appeals referee.
History: En. Sec. 6 (a) to (e), Ch. 137, L. 1937; amd. Sec. 2, Ch. 171, L. 1957; amd. Sec. 1, Ch. 262, L. 1973; amd. Sec. 3, Ch. 368, L. 1975; amd. Sec. 1, Ch. 20, L. 1977; R.C.M. 1947, 87-107(d); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 7, Ch. 125, L. 1985; amd. Sec. 1527, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 3. General Administrative Provisions › 39-51-306. Repealed

39-51-306. Repealed.
Sec. 5, Ch. 349, L. 1981.
History: En. Subd. (b), Sec. 10, Ch. 137, L. 1937; amd. Sec. 2, Ch. 132, L. 1969; amd. Sec. 10, Ch. 368, L. 1975; R.C.M. 1947, 87-118.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 3. General Administrative Provisions › 39-51-307. Department to create employment service

39-51-307. Department to create employment service.
(1) The department shall establish and maintain free public employment offices in the number and in places that may be necessary for the proper administration of this chapter and for the purpose of performing the duties that are within the purview of the act of congress entitled, "An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes", approved June 6, 1933 (29 U.S.C. 49), as amended.
(2) The department is charged with the duty to cooperate with any official or agency of the United States having power or duties under the provisions of the act of congress, as amended, and to do and perform all things necessary to secure to this state the benefits of the act of congress, as amended, in the promotion and maintenance of a system of public employment offices.
(3) The provisions of the act of congress, as amended, are accepted by this state in conformity with section 4 of that act, and this state shall observe and comply with the requirements of the act. The department is designated and constituted the agency of this state for the purpose of the act.
(4) For the purpose of establishing and maintaining free public employment offices, the department is authorized to enter into agreements with any political subdivisions of this state or with any private, nonprofit organization, and as a part of such an agreement, the department may accept money, services, or quarters as a contribution to the employment service account.
History: En. Sec. 12, Ch. 137, L. 1937; amd. Sec. 6, Ch. 164, L. 1941; amd. Sec. 21, Ch. 368, L. 1975; R.C.M. 1947, 87-132; amd. Sec. 2, Ch. 349, L. 1981; amd. Sec. 163, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 3. General Administrative Provisions › 39-51-308. Acquisition and disposition of property by department

39-51-308. Acquisition and disposition of property by department.
(1) Subject to the approval of the department of administration, the department may purchase such equipment, supplies, and real property as it may deem necessary and proper. The title to any real property purchased shall be taken in the name of the state of Montana.
(2) Subject to the approval of the department of administration, the department may sell any equipment, supplies, or real property previously acquired by it, and the proceeds of such sale shall be deposited into the unemployment insurance administration fund.
(3) In the event the duties or any part thereof of the department shall be at any time in the future surrendered to or taken over by the federal government or any agency thereof, the department, with the approval of the department of administration, may lease such equipment and real property to the federal government or such agency, but the title thereto shall remain in the state of Montana.
History: En. as Sec. 11-A of Ch. 137, L. 1937 by Sec. 6, Ch. 233, L. 1943; amd. Sec. 8, Ch. 171, L. 1957; amd. Sec. 19, Ch. 368, L. 1975; amd. Sec. 17, Ch. 343, L. 1977; R.C.M. 1947, 87-130; amd. Sec. 2, Ch. 57, L. 1979; amd. Sec. 1, Ch. 349, L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 3. General Administrative Provisions › 39-51-309. Representation of department and state in court

39-51-309. Representation of department and state in court.
(1) In any civil action to enforce the provisions of this chapter, the department and the state may be represented by any qualified attorney who is employed by the department and is designated by it for this purpose or, at the department's or board's request, by the attorney general.
(2) All criminal actions for violation of any provision of this chapter or of any rules issued pursuant to this chapter must be prosecuted by the attorney general of the state or, at the attorney general's request and under the attorney general's direction, by the county attorney of the county in which the crime was committed.
History: En. Sec. 17, Ch. 137, L. 1937; amd. Sec. 8, Ch. 164, L. 1955; amd. Sec. 31, Ch. 368, L. 1975; R.C.M. 1947, 87-146; amd. Sec. 41, Ch. 397, L. 1979; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 1528, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 3. General Administrative Provisions › 39-51-310. Function of board

39-51-310. Function of board.
The board shall act in a quasi-judicial capacity for the hearing of disputes concerning the administration of Montana's unemployment insurance laws.
History: En. 82A-1008 by Sec. 1, Ch. 272, L. 1971; R.C.M. 1947, 82A-1008(4); amd. Sec. 3, Ch. 314, L. 1987; amd. Sec. 8, Ch. 442, L. 1999; amd. Sec. 3, Ch. 25, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 4. Financial Administration › 39-51-401. Unemployment insurance fund -- establishment and control

39-51-401. Unemployment insurance fund -- establishment and control.
There is established separate and apart from all public money or funds of this state a fund in the enterprise fund type known as the unemployment insurance fund, which must be administered by the department exclusively for the purposes of this chapter. Any reference to the unemployment insurance fund in the Montana Code Annotated means the unemployment insurance enterprise fund. All money in the fund must be mingled and undivided. This fund consists of:
(1) all contributions collected under this chapter and payments made in lieu of contributions as provided in 39-51-1124 through 39-51-1126;
(2) interest earned upon any money in the fund;
(3) any property or securities acquired through the use of money belonging to the fund;
(4) all earnings of the property or securities acquired by the fund;
(5) all money credited to this state's account in the unemployment trust fund pursuant to 42 U.S.C. 1103 and 1104, as amended; and
(6) 30% of the penalty payments as provided in 39-51-3201.
History: En. Subd. (a), Sec. 9, Ch. 137, L. 1937; amd. Sec. 2, Ch. 190, L. 1945; amd. Sec. 4, Ch. 171, L. 1957; amd. Sec. 206, Ch. 147, L. 1963; amd. Sec. 1, Ch. 88, L. 1971; amd. Sec. 5, Ch. 368, L. 1975; R.C.M. 1947, 87-111; amd. Sec. 2, Ch. 57, L. 1979; amd. Sec. 42, Ch. 397, L. 1979; amd. Sec. 17, Ch. 685, L. 1979; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 21, Ch. 281, L. 1983; amd. Sec. 164, Ch. 42, L. 1997; amd. Sec. 20, Ch. 34, L. 2001; amd. Sec. 2, Ch. 203, L. 2013.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 4. Financial Administration › 39-51-402. Unemployment insurance fund -- custodian -- accounts and deposits

39-51-402. Unemployment insurance fund -- custodian -- accounts and deposits.
(1) The commissioner of labor and industry is the ex officio treasurer and custodian of the unemployment insurance fund and shall administer that fund in accordance with this chapter. The commissioner shall maintain within the fund three separate accounts:
(a) a clearing account;
(b) an unemployment trust fund account; and
(c) a benefit account.
(2) All money payable to the unemployment insurance fund, upon receipt by the department, must be immediately deposited in the clearing account. Refunds payable pursuant to 39-51-1110 may be paid from the clearing account. After clearance, all other money in the clearing account must be immediately deposited with the secretary of the treasury of the United States to the credit of the account of this state in the unemployment trust fund, established and maintained pursuant to section 904 of the Social Security Act (42 U.S.C. 1104), as amended.
(3) The benefit account consists of all money requisitioned for the payment of benefits from this state's account in the unemployment trust fund.
(4) Except as otherwise provided, money in the clearing and benefit accounts may be deposited in any bank or public depository in which general funds of the state may be deposited, but a public deposit insurance charge or premium may not be paid out of the unemployment insurance fund.
History: En. Subd. (b), Sec. 9, Ch. 137, L. 1937; amd. Sec. 5, Ch. 171, L. 1957; amd. Sec. 207, Ch. 147, L. 1963; amd. Sec. 6, Ch. 368, L. 1975; R.C.M. 1947, 87-112; amd. Sec. 2, Ch. 57, L. 1979; amd. Sec. 43, Ch. 397, L. 1979; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 22, Ch. 281, L. 1983; amd. Sec. 8, Ch. 125, L. 1985; amd. Sec. 165, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 4. Financial Administration › 39-51-403. Money to be requisitioned from unemployment trust fund solely for payment of benefits

39-51-403. Money to be requisitioned from unemployment trust fund solely for payment of benefits.
(1) Money may be requisitioned from this state's account in the unemployment trust fund solely for the payment of benefits and in accordance with section 904 of the Social Security Act, 42 U.S.C. 1104, and with regulations prescribed by the department. Money withheld by the department from a benefits payment at the request of an individual, in accordance with the department's rules pertaining to deductions and withholding for federal income tax purposes pursuant to 39-51-2207, for repayment of an overissuance of food stamp benefits pursuant to 39-51-2208, or for repayment of child support obligations pursuant to 39-51-3106 must be considered benefits for the purposes of this subsection.
(2) The department shall from time to time requisition from the unemployment trust fund amounts, not exceeding the amounts in this state in the fund, that it considers necessary for the payment of benefits for a reasonable future period. Upon receipt of a requisition, the secretary of the treasury of the United States shall deposit the money in the benefit account. Upon receipt of the deposit, the department shall issue warrants for the payment of benefits solely from the benefit account.
(3) Expenditures of money in the benefit account and refunds from the clearing account are not subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody.
(4) Any balance of money requisitioned from the unemployment trust fund that remains unclaimed or unpaid in the benefit account after the expiration of the period for which the sums were requisitioned must be deducted from estimates for and may be used for the payment of benefits during succeeding periods or, in the discretion of the department, must be redeposited with the secretary of the treasury of the United States to the credit of this state's account in the unemployment trust fund, as provided in 39-51-402.
History: En. Subd. (c), Sec. 9, Ch. 137, L. 1937; amd. Sec. 6, Ch. 171, L. 1957; amd. Sec. 7, Ch. 368, L. 1975; R.C.M. 1947, 87-113(a); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 166, Ch. 42, L. 1997; amd. Sec. 5, Ch. 60, L. 1997; amd. Sec. 55, Ch. 2, L. 2009; amd. Sec. 5, Ch. 88, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 4. Financial Administration › 39-51-405. Signatures required on warrants

39-51-405. Signatures required on warrants.
All warrants issued for payment pursuant to 39-51-403 or 39-51-404 shall bear the signature of the treasurer and the countersignature of the commissioner of labor and industry or an agent authorized for that purpose.
History: En. Subd. (c), Sec. 9, Ch. 137, L. 1937; amd. Sec. 6, Ch. 171, L. 1957; amd. Sec. 7, Ch. 368, L. 1975; R.C.M. 1947, 87-113(c); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 6, Ch. 52, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 4. Financial Administration › 39-51-406. Unemployment insurance administration account

39-51-406. Unemployment insurance administration account.
(1) There is an account in the federal special revenue fund to be known as the unemployment insurance administration account. All money that is deposited, appropriated, or paid into this account is available for appropriation to the department. All money in the account must be expended solely for the purpose of defraying the costs of administration of this chapter and costs of administration of other legislation specifically delegated by the legislature to the department for administration of unemployment insurance laws.
(2) All money received and deposited in the account from the United States or any agency of the United States pursuant to section 302 of the Social Security Act, 42 U.S.C. 502, must be expended solely for the purpose and in the amounts found necessary by the secretary of labor for the proper and efficient administration of this chapter.
(3) The account consists of:
(a) all money received from the United States or any agency of the United States pursuant to section 302 of the Social Security Act, 42 U.S.C. 502, as amended; and
(b) all money, trust funds, supplies, facilities, or services furnished, deposited, paid, and received from the United States or any agency of the United States that are designated for use in the administration of the unemployment insurance program.
(4) Notwithstanding any provisions of this section, all money requisitioned and deposited in this account pursuant to 39-51-403 through 39-51-405 must remain part of the unemployment insurance fund and must be used only in accordance with the conditions specified in 39-51-403 through 39-51-405.
(5) All money in this account must be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by law for other accounts. The balance in this account may not lapse at any time but must be continuously available to the department for expenditure consistent with this chapter.
(6) Any reference to the unemployment insurance administration fund in this code means the unemployment insurance administration account in the federal special revenue fund.
History: En. Subd. (a), Sec. 13, Ch. 137, L. 1937; amd. Sec. 7, Ch. 164, L. 1941; amd. Sec. 4, Ch. 190, L. 1945; amd. Sec. 4, Ch. 164, L. 1955; amd. Sec. 9, Ch. 171, L. 1957; amd. Sec. 208, Ch. 147, L. 1963; amd. Sec. 22, Ch. 368, L. 1975; R.C.M. 1947, 87-133; amd. Sec. 2, Ch. 57, L. 1979; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 2, Ch. 277, L. 1983; amd. Sec. 24, Ch. 281, L. 1983; amd. Sec. 1, Ch. 369, L. 1983; amd. Sec. 2, Ch. 15, Sp. L. January 1992; amd. Sec. 61, Ch. 10, L. 1993; amd. Sec. 7, Ch. 52, L. 2007; amd. Sec. 8, Ch. 10, L. 2009; amd. Sec. 5, Ch. 25, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 4. Financial Administration › 39-51-407. Reimbursement of fund by state

39-51-407. Reimbursement of fund by state.
The state of Montana shall replace within a reasonable time any money received under section 302 of the Social Security Act, 42 U.S.C. 502, that because of any action or contingency has been lost or has been expended for purposes other than or in amounts in excess of those found necessary by the secretary of labor of the United States for the proper administration of Montana's unemployment insurance laws.
History: En. as Subd. (b) of Sec. 13, Ch. 137, L. 1937 by Sec. 7, Ch. 164, L. 1941; amd. Sec. 5, Ch. 164, L. 1955; amd. Sec. 23, Ch. 368, L. 1975; R.C.M. 1947, 87-134; amd. Sec. 2, Ch. 57, L. 1979; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 25, Ch. 281, L. 1983; amd. Sec. 4, Ch. 234, L. 1987; amd. Sec. 34, Ch. 112, L. 1991; amd. Sec. 168, Ch. 42, L. 1997; amd. Sec. 6, Ch. 25, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 4. Financial Administration › 39-51-408. Advances from federal unemployment trust fund

39-51-408. Advances from federal unemployment trust fund.
(1) The department is authorized to apply for advances on behalf of the state of Montana from its account in the federal unemployment trust fund and to accept responsibility for repayment of any advances in accordance with the conditions specified in section 1201 of the Social Security Act, 42 U.S.C. 1321.
(2) (a) The interest cost, if any, from the advances must be assessed against employers subject to experience rating. Interest cost may not be assessed against state or local government employers covered by 39-51-1212 or against nonprofit organizations making payments in lieu of contributions pursuant to 39-51-1124.
(b) An assessment must be made beginning with the calendar year following the calendar year in which it became necessary to apply for an advance from the federal unemployment trust fund and after the interest charges on the advance have been determined. The rate must be determined by the department based upon the interest charges. This rate must be applied to the employer's taxable wages and be submitted in the same manner as regular contributions but as a separate payment.
(c) The amount received must be deposited in the unemployment insurance account and used to pay interest costs. Any surplus must be used to pay benefits. The department shall maintain separate records of deposits, obligations, and expenditures of all money collected pursuant to this section.
History: En. Sec. 1, Ch. 273, L. 1983; amd. Sec. 7, Ch. 25, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 4. Financial Administration › 39-51-409. Employment security account

39-51-409. Employment security account.
(1) There is an account in the state special revenue fund called the employment security account.
(2) Money deposited in the employment security account may be appropriated to the department for payment of:
(a) unemployment insurance benefits;
(b) expenses incurred in the administration of the unemployment insurance program;
(c) expenses incurred in collecting money deposited in the account;
(d) expenses incurred for the employment offices established in 39-51-307, including expenses for providing services to the business community;
(e) expenses incurred for the apprenticeship and training program and for the administration of 39-71-319;
(f) expenses for displaced homemaker programs provided for under 39-7-305;
(g) expenses for department research and analysis functions that provide employment, wage, and economic data;
(h) expenses for department functions pertaining to wage and hour laws, prevailing wages, and collective bargaining; and
(i) principal, interest, and redemption premium on employment security revenue bonds authorized in section 5, Chapter 435, Laws of 2009.
(3) Except as provided in sections 6 and 12, Chapter 435, Laws of 2009, the department may transfer funds from the employment security account to the unemployment insurance fund account provided for in 39-51-402 upon receiving approval from the budget director that the transfer will not decrease the money in the account below the level appropriated by the legislature to provide for the employment services programs identified in subsection (2).
(4) The department may transfer appropriation authority in employment services programs between the federal special revenue and the state special revenue fund types.
History: En. Sec. 2, Ch. 173, L. 1993; amd. Sec. 2, Ch. 399, L. 1999; amd. Sec. 5, Ch. 466, L. 2005; amd. Sec. 2, Ch. 362, L. 2007; amd. Sec. 13, Ch. 435, L. 2009; amd. Sec. 2, Ch. 400, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 5. Governmental Cooperation › 39-51-501. State-federal cooperation

39-51-501. State-federal cooperation.
(1) (a) In the administration of this chapter, the department shall:
(i) afford reasonable cooperation to every agency of the United States charged with the administration of any unemployment insurance law;
(ii) disclose wage and other required information to authorized recipients as provided by 42 U.S.C. 503; and
(iii) establish necessary safeguards to ensure that any information disclosed is used only for the purposes outlined in 42 U.S.C. 503.
(b) The department may charge fees commensurate with the costs of providing any information pursuant to subsection (1)(a) and shall deposit the fees in the state special revenue fund.
(2) The department shall cooperate with the secretary of labor in the administration of any act of congress establishing unemployment insurance benefits or similar benefits for federal employees and veterans or ex-service personnel of the armed forces of the United States and shall do so in a manner considered advisable and expedient in order to carry out the purpose of this chapter.
(3) The department is authorized to perform any acts, including the execution of agreements and contracts that may be required under and pursuant to any act passed by the congress of the United States, authorizing the extension of unemployment insurance benefits by federal law if the department in its discretion considers it advisable to perform such acts.
(4) Upon request, the department shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient's rights to further benefits under this chapter.
History: En. Subd. (i), Sec. 11, Ch. 137, L. 1937; amd. Sec. 7, Ch. 171, L. 1957; amd. Sec. 7, Ch. 156, L. 1961; amd. Sec. 17, Ch. 368, L. 1975; R.C.M. 1947, 87-128; amd. Sec. 2, Ch. 57, L. 1979; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 169, Ch. 42, L. 1997; amd. Sec. 6, Ch. 88, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 5. Governmental Cooperation › 39-51-502. Cooperation with other agencies

39-51-502. Cooperation with other agencies.
(1) The department shall afford reasonable cooperation with any government agency charged with war effort or postwar planning responsibilities or with the administration of any system of unemployment allowances or unemployment assistance or of any program designed to prevent or relieve unemployment.
(2) The department may make and may cooperate with other appropriate state agencies in making studies as to the practicability and probable cost of possible new state-administered social security programs and the relative desirability of state rather than national action in any such field.
(3) The department shall fully cooperate with the agencies of other states and shall make every proper effort within its means to oppose and prevent any further action which would in its judgment tend to effect complete or substantial federalization of state unemployment insurance funds or state unemployment insurance and employment security programs or any part of the social security program.
History: En. as Sec. 11-B of Ch. 137, L. 1937 by Sec. 6, Ch. 233, L. 1943; amd. Sec. 20, Ch. 368, L. 1975; R.C.M. 1947, 87-131; amd. Sec. 2, Ch. 57, L. 1979; amd. Sec. 1, Ch. 349, L. 1981.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 5. Governmental Cooperation › 39-51-503. Agreements with railroad retirement board

39-51-503. Agreements with railroad retirement board.
(1) The department is authorized to cooperate with and enter into agreements with the railroad retirement board with respect to establishment, maintenance, and use of employment service facilities.
(2) The department shall make available to the railroad retirement board the records of the department that the railroad retirement board considers necessary or desirable for the administration of the Railroad Unemployment Insurance Act, 45 U.S.C. 351, et seq.
(3) The department may charge reasonable fees commensurate with the costs of producing and providing information pursuant to this section. The department shall deposit the fees in the department's state special revenue account.
History: En. Sec. 2, Ch. 167, L. 1939; amd. Sec. 9, Ch. 368, L. 1975; R.C.M. 1947, 87-116; amd. Sec. 2, Ch. 57, L. 1979; amd. Sec. 3, Ch. 349, L. 1981; amd. Sec. 170, Ch. 42, L. 1997; amd. Sec. 56, Ch. 2, L. 2009; amd. Sec. 8, Ch. 25, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 5. Governmental Cooperation › 39-51-504. Reciprocal benefit arrangements

39-51-504. Reciprocal benefit arrangements.
(1) The department is authorized to enter into reciprocal benefit arrangements with the appropriate agencies of other states, the federal government, or both.
(2) (a) Subject to subsection (2)(b), services performed by an individual for a single employing unit that are customarily performed in more than one state may be considered to be performed entirely within any one of the states in which:
(i) any part of the services is performed;
(ii) the individual maintains the individual's residence; or
(iii) the employing unit maintains a place of business.
(b) An election made by the employing unit and approved by the department must be in place and must designate in which of the states described in subsection (2)(a) the services must be considered to have been performed.
(3) The department shall participate in any arrangements, approved by the U.S. secretary of labor, for the payment of benefits on the basis of combining an individual's wages and employment covered under this chapter with the individual's wages and employment covered by the unemployment laws of another state or the federal government provided that the arrangements contain provisions:
(a) for the application of the base period of a single state to a claim involving the combining of an individual's wages and employment covered by the laws of two or more states;
(b) that the combining of wages will not involve the duplicate use of wage credits;
(c) that the other state agency or agency of the federal government has agreed to reimburse the unemployment insurance fund for the portion of benefits paid under this chapter upon the basis of the wages or services as the department finds will be fair and reasonable with regard to all affected interests; and
(d) that the reimbursements payable must be considered benefits for the purposes of this chapter.
(4) Wages or services for which an individual may become entitled to benefits under the unemployment insurance laws of another state or the federal government must be considered wages for employment for benefit purposes by employers.
(5) The department is authorized to issue reimbursements to other state or federal agencies, to receive reimbursements from other state or federal agencies, and to deposit the reimbursements in or withdraw the reimbursements from the unemployment insurance fund in accordance with arrangements made pursuant to this section.
History: En. Subd. (j), Sec. 11, Ch. 137, L. 1937; amd. Sec. 3, Ch. 190, L. 1945; amd. Sec. 1, Ch. 91, L. 1971; amd. Sec. 18, Ch. 368, L. 1975; R.C.M. 1947, 87-129; amd. Sec. 2, Ch. 57, L. 1979; amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 9, Ch. 25, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 5. Governmental Cooperation › 39-51-505. Access to governmental records

39-51-505. Access to governmental records.
Upon request by the department, a state or local government agency, including the units of the university system, or a state or local government official or employee shall cooperate by supplying the department with information that would aid in the administration of this chapter. The department may use the information only for administration of this chapter. Any confidential information provided to the department remains confidential and may not be published or open to public inspection unless specifically required in the performance of the employee's duties.
History: En. Sec. 17, Ch. 195, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 51. Unemployment Insurance › Part 6. Records and Reports › 39-51-601. Department to maintain wage record

39-51-601. Department to maintain wage record.
The department shall maintain a record of the wages paid to an individual in accordance with wages earned by the individual for employment by employers during each quarter.
History: En. Sec. 3 (a), (b), (c), Ch. 137, L. 1937; amd. Sec. 1, Ch. 137, L. 1939; amd. Sec. 1, Ch. 164, L. 1941; amd. Sec. 1, Ch. 245, L. 1947; amd. Sec. 1, Ch. 178, L. 1949; amd. Sec. 1, Ch. 191, L. 1953; amd. Sec. 1, Ch. 238, L. 1955; amd. Sec. 1, Ch. 140, L. 1957; amd. Sec. 1, Ch. 156, L. 1961; amd. Sec. 1, Ch. 269, L. 1963; amd. Sec. 1, Ch. 4, Ex. L. 1969; amd. Sec. 1, Ch. 169, L. 1971; amd. Sec. 1, Ch. 394, L. 1973; amd. Sec. 1, Ch. 400, L. 1975; amd. Sec. 1, Ch. 528, L. 1977; R.C.M. 1947, 87-103(f); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 1529, Ch. 56, L. 2009.