reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 7. Studies, Reports, and Audits › Part 5. Audits of Political Subdivisions › 2-7-524. Filing of claims against local government entity -- disposition by department as prerequisite

2-7-524. Filing of claims against local government entity -- disposition by department as prerequisite.
(1) All claims against a local government entity for failure to file an annual financial report with the department as required by 2-7-503(1), failure to complete and submit an audit or financial review to the department as required by 2-7-503(3), or failure to resolve significant audit findings or implement corrective measures as required by 2-7-515(3) within 2 years of the applicable deadlines must be presented in writing to the department.
(2) A complaint based on a claim subject to the provisions of subsection (1) may not be filed in district court unless the claimant has first presented the claim to the department and submitted a copy of the claim to the local government entity. Upon the department's receipt of the claim, the statute of limitations on the claim is tolled until a written determination is issued under subsection (3).
(3) The department must review the claim and issue one of the following determinations in writing within 60 days after the claim is presented to the department:
(a) the local government entity has not violated the requirements of this part for a period of 2 years from the applicable deadlines;
(b) there is sufficient evidence of the violations of the requirements of this part for a period of 2 years from the applicable deadlines, and the department will initiate further technical assistance to help the local government entity come into compliance with this part within 6 months; or
(c) there is sufficient evidence of the violations of the requirements of this part for a period of 2 years from the applicable deadlines.
(4) If the department issues a written determination under subsection (3)(b), within 6 months the department must provide the complainant with a final determination that either:
(a) the local government entity has come into compliance with the provisions of this part; or
(b) there is sufficient evidence of the violations of the requirements of this part.
(5) A complainant must receive a written determination from the department under subsection (3)(c) or (4)(b) before proceeding to district court in accordance with 2-7-523.
(6) The failure of the department to issue a written determination of a claim within 60 days after the claim is presented to the department must be considered a written determination under subsection (3)(c) for purposes of this section.
History: En. Sec. 5, Ch. 268, L. 2019.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 1. Periodic Agency Evaluation › 2-8-101. Purpose

2-8-101. Purpose.
(1) The legislature finds state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules. The legislature questions whether conditions causing the establishment of these agencies, programs, and rules have not changed to such an extent as to remove the need for some or all of the agencies, programs, and rules.
(2) It is the intent of the legislature, by establishing a system of periodic evaluation of the need for and the performance of agencies or programs preparatory to termination, modification, or reestablishment, to be in a better position to ensure as follows:
(a) The executive department is responsive to the needs of all of the people of the state.
(b) No agency, program, or rule exists which is not responsive to those needs.
(c) No profession, occupation, business, industry, or other endeavor is subject to the state's regulatory power unless the exercise of such power is necessary to protect the public health, safety, or welfare from significant and discernible harm or damage. The exercise of the state's police power shall be done only to the extent necessary for that purpose.
(d) The state may not regulate a profession, occupation, industry, business, or other endeavor in a manner which will unreasonably adversely affect the competitive market.
(e) There exists a systematic legislative review of the need for and public benefits derived from a program or function by a periodic review and termination, modification, or reestablishment of such programs and functions.
History: En. 82-4601 by Sec. 1, Ch. 562, L. 1977; R.C.M. 1947, 82-4601; amd. Sec. 2, Ch. 321, L. 1983.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 1. Periodic Agency Evaluation › 2-8-102. Definitions

2-8-102. Definitions.
As used in this part, the following definitions apply:
(1) "Agency" means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive department of state government.
(2) "Performance audit" means an examination of the effectiveness of administration and its efficiency and adequacy in terms of the program of a state agency authorized by law to be performed and the conformance of expenditures with legislative intent. Audits conducted shall include an analysis of the operation of the agency, with special regard to the duplication of efforts between the audited agency or program and other agencies or programs and the quality of service being rendered.
(3) "Program" means any legislatively or administratively created function, project, or duty of an agency.
History: En. 82-4602 by Sec. 2, Ch. 562, L. 1977; R.C.M. 1947, 82-4602; amd. Sec. 3, Ch. 321, L. 1983.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 1. Periodic Agency Evaluation › 2-8-103. Repealed

2-8-103. Repealed.
Sec. 9, Ch. 321, L. 1983.
History: En. 82-4603 by Sec. 3, Ch. 562, L. 1977; R.C.M. 1947, 82-4603; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 2, Ch. 321, L. 1979; amd. Sec. 2, Ch. 325, L. 1979; amd. Sec. 8, Ch. 351, L. 1979; amd. Sec. 2, Ch. 364, L. 1979; amd. Sec. 2, Ch. 388, L. 1979; amd. Sec. 2, Ch. 408, L. 1979; amd. Sec. 2, Ch. 439, L. 1979; amd. Sec. 1, Ch. 462, L. 1979; amd. Sec. 2, Ch. 491, L. 1979; amd. Sec. 2, Ch. 546, L. 1979; amd. Sec. 2, Ch. 549, L. 1979; amd. Sec. 2, Ch. 655, L. 1979; amd. Sec. 2, Ch. 684, L. 1979; amd. Sec. 2, Ch. 96, L. 1981; amd. Sec. 2, Ch. 106, L. 1981; amd. Sec. 2, Ch. 149, L. 1981; amd. Sec. 2, Ch. 154, L. 1981; amd. Sec. 2, Ch. 155, L. 1981; amd. Sec. 2, Ch. 243, L. 1981; amd. Sec. 2, Ch. 248, L. 1981; amd. Sec. 2, Ch. 292, L. 1981; amd. Sec. 2, Ch. 307, L. 1981; amd. Sec. 2, Ch. 323, L. 1981; amd. Sec. 2, Ch. 324, L. 1981; amd. Sec. 2, Ch. 326, L. 1981; amd. Sec. 2, Ch. 362, L. 1981; amd. Sec. 2, Ch. 363, L. 1981; amd. Sec. 2, Ch. 378, L. 1981; amd. Sec. 2, Ch. 444, L. 1981; amd. Sec. 2, Ch. 543, L. 1981; amd. Sec. 2, Ch. 544, L. 1981.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 1. Periodic Agency Evaluation › 2-8-104. Repealed

2-8-104. Repealed.
Sec. 9, Ch. 321, L. 1983.
History: En. 82-4609 by Sec. 9, Ch. 562, L. 1977; R.C.M. 1947, 82-4609.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 1. Periodic Agency Evaluation › 2-8-105. Determination of agencies and programs to be reviewed

2-8-105. Determination of agencies and programs to be reviewed.
(1) Before September 1 of each even-numbered year, the governor may furnish the legislative audit committee with a list of recommendations for agencies and programs to be terminated and subject to a performance audit during the next biennium pursuant to the provisions of this chapter. The list must be prioritized and must set forth the governor's reasons for recommending each agency or program for review.
(2) The legislative audit committee shall review the list submitted by the governor, suggestions from legislators and legislative committees, staff recommendations, and any other relevant information and compile recommendations of agencies and programs to be terminated and subject to a performance audit. The committee shall submit its recommendations to the next legislature in the form of a bill terminating those designated agencies and programs at the times specified in the bill and requiring a performance audit of each agency and program under the provisions of Title 2, chapter 8, within the time specified and prior to termination.
History: En. Sec. 1, Ch. 321, L. 1983; amd. Sec. 53, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 1. Periodic Agency Evaluation › 2-8-111. Prereview responsibilities of agencies

2-8-111. Prereview responsibilities of agencies.
An agency designated for termination or whose program or programs are designated for termination shall, by 22 months preceding the date set for termination:
(1) delineate the goals of the programs, which goals reflect the state's constitution, statutes, and authoritative judicial, legislative, and executive decisions or pronouncements;
(2) delineate the objectives of the programs and lay out, clearly enough to be tested, the logic in the assumptions linking expenditures to outcome anticipated, outcome anticipated to objectives, and objectives to impact on problems addressed in goals;
(3) furnish to the legislative auditor, upon request of the auditor, the information necessary to conduct a performance audit as required by this chapter.
History: En. 82-4605 by Sec. 5, Ch. 562, L. 1977; R.C.M. 1947, 82-4605; amd. Sec. 4, Ch. 321, L. 1983.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 1. Periodic Agency Evaluation › 2-8-112. Legislative audit committee review and report -- review criteria

2-8-112. Legislative audit committee review and report -- review criteria.
(1) The legislative audit committee is responsible for conducting a review of each agency or program scheduled for termination. The review shall be completed at least 6 months prior to the date set for termination. If for any reason a review of an agency or program cannot be completed as required by this chapter, the legislative audit committee shall submit a proposed bill for the ensuing legislative session to reestablish the agency or program.
(2) The review conducted shall include a performance audit of the agency or program, with emphasis on its effect on the public health, safety, and welfare.
(3) The legislative audit committee shall assist in the implementation of the provisions of this part and shall establish administrative procedures which facilitate the review and evaluation as required in this part.
(4) Upon completion of its review, the legislative audit committee shall, as provided in 5-11-210, make a report of its recommendations for continuation, modification, or termination and submit a proposed bill to the ensuing legislative session. If termination is recommended, the bill should repeal or otherwise deal with all statutes and parts of statutes relating to the agency's or program's activities.
History: En. 82-4604 by Sec. 4, Ch. 562, L. 1977; R.C.M. 1947, 82-4604; amd. Sec. 5, Ch. 321, L. 1983; amd. Sec. 5, Ch. 112, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 1. Periodic Agency Evaluation › 2-8-113. Hearings by standing committee -- criteria for termination

2-8-113. Hearings by standing committee -- criteria for termination.
(1) Prior to termination of an agency or program, the appropriate standing committee in each house of the legislature or a joint committee of both houses composed of members of the standing committee assigned to conduct the hearing shall hold a public hearing, receiving testimony from the public and the head of the department to which the agency or program involved is attached, the head of the agency involved, and persons who conducted the review.
(2) In the event termination of an agency or program is recommended by the legislative audit committee, the agency involved in the termination has the burden of demonstrating a public need for the agency's or program's continued existence and the extent to which a change in the composition, structure, and operation of the agency or program would improve public health, safety, or welfare.
(3) In determining whether to reestablish an agency or program, the legislature shall consider the performance audit and review conducted by the legislative audit committee, public testimony, and other matters considered relevant by the committee.
History: En. 82-4606 by Sec. 6, Ch. 562, L. 1977; R.C.M. 1947, 82-4606; amd. Sec. 6, Ch. 321, L. 1983; amd. Sec. 8, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 1. Periodic Agency Evaluation › 2-8-121. Effect of termination

2-8-121. Effect of termination.
Unless otherwise provided, upon termination, each agency, program, or unit shall continue in existence until July 1 of the next succeeding year for the purpose of winding up its affairs. During the windup period, termination does not reduce or otherwise limit the powers or authority of each respective agency or program except that no action may be taken which would continue in effect beyond the 1-year windup period. Upon the expiration of the 1 year after termination, each agency or program not modified or reestablished shall be abolished and all unexpended balances of appropriations, allocations, or other funds shall revert to the fund from which they were appropriated or, if that fund is abolished, to the general fund.
History: En. 82-4607 by Sec. 7, Ch. 562, L. 1977; R.C.M. 1947, 82-4607; amd. Sec. 2, Ch. 497, L. 1979; amd. Sec. 7, Ch. 321, L. 1983.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 1. Periodic Agency Evaluation › 2-8-122. Reestablishment

2-8-122. Reestablishment.
(1) Any agency or program scheduled for termination under this part or any subsequent act may be reestablished by the legislature.
(2) No more than one agency or program may be continued or reestablished in any bill for an act, and the agency or program shall be mentioned in the bill's title.
History: En. 82-4608 by Sec. 8, Ch. 562, L. 1977; R.C.M. 1947, 82-4608; amd. Sec. 8, Ch. 321, L. 1983.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 2. Committee Assessment of Boards (Repealed) › 2-8-201. Repealed

2-8-201. Repealed.
Sec. 2, Ch. 274, L. 1993.
History: En. Sec. 1, Ch. 266, L. 1987.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 2. Committee Assessment of Boards (Repealed) › 2-8-202. Repealed

2-8-202. Repealed.
Sec. 2, Ch. 274, L. 1993.
History: En. Sec. 2, Ch. 266, L. 1987; amd. Sec. 1, Ch. 124, L. 1989.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 2. Committee Assessment of Boards (Repealed) › 2-8-203. Repealed

2-8-203. Repealed.
Sec. 2, Ch. 274, L. 1993.
History: En. Sec. 3, Ch. 266, L. 1987; amd. Sec. 1, Ch. 710, L. 1989; amd. Sec. 6, Ch. 112, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 2. Committee Assessment of Boards (Repealed) › 2-8-204. Repealed

2-8-204. Repealed.
Sec. 2, Ch. 274, L. 1993.
History: En. Sec. 4, Ch. 266, L. 1987; amd. Sec. 2, Ch. 710, L. 1989.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 2. Committee Assessment of Boards (Repealed) › 2-8-205. Repealed

2-8-205. Repealed.
Sec. 2, Ch. 274, L. 1993.
History: En. Sec. 5, Ch. 266, L. 1987; amd. Sec. 3, Ch. 710, L. 1989; amd. Sec. 1, Ch. 195, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 2. Committee Assessment of Boards (Repealed) › 2-8-206. Repealed

2-8-206. Repealed.
Sec. 2, Ch. 274, L. 1993.
History: En. Sec. 6, Ch. 266, L. 1987; amd. Sec. 6, Ch. 710, L. 1989; amd. Sec. 2, Ch. 195, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 2. Committee Assessment of Boards (Repealed) › 2-8-207. Repealed

2-8-207. Repealed.
Sec. 2, Ch. 274, L. 1993.
History: En. Sec. 7, Ch. 266, L. 1987; amd. Sec. 4, Ch. 710, L. 1989; amd. Sec. 7, Ch. 112, L. 1991; amd. Sec. 3, Ch. 195, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 2. Committee Assessment of Boards (Repealed) › 2-8-208. Repealed

2-8-208. Repealed.
Sec. 2, Ch. 274, L. 1993.
History: En. Sec. 8, Ch. 266, L. 1987; amd. Sec. 5, Ch. 710, L. 1989; amd. Sec. 8, Ch. 112, L. 1991; amd. Sec. 5, Ch. 349, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 2. Committee Assessment of Boards (Repealed) › 2-8-209. Repealed

2-8-209. Repealed.
Sec. 5, Ch. 195, L. 1991.
History: En. Sec. 2, Ch. 124, L. 1989.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 3. Privatization Plan Review › 2-8-301. Definitions

2-8-301. Definitions.
As used in this part, the following definitions apply:
(1) "Agency" means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive, legislative, or judicial branch of state government.
(2) "Private sector" means any entity or individual not principally a part of or associated with a governmental unit that is associated with or involved in commercial activity.
(3) (a) "Privatize" means an agency contracting with the private sector to provide services that are currently or normally conducted directly by the employees of the state.
(b) The term does not include contracting with the private sector to provide services on a temporary or emergency basis.
(4) "Program" means a legislatively or administratively created function, project, or duty of an agency.
History: En. Sec. 1, Ch. 762, L. 1991; amd. Sec. 1, Ch. 285, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 3. Privatization Plan Review › 2-8-302. Privatization plan -- hearing -- role of legislative audit committee -- action by governor

2-8-302. Privatization plan -- hearing -- role of legislative audit committee -- action by governor.
(1) Before an agency may privatize a program, it shall prepare a privatization plan as provided in 2-8-303.
(2) The privatization plan must be released to the public and to all unions that represent state employees and must be submitted to the legislative audit committee at least 180 days prior to the proposed implementation date.
(3) At least 90 days prior to the proposed implementation date, the legislative audit committee shall conduct a public hearing on the proposed privatization plan at which public comments and testimony must be received.
(4) At least 45 days prior to the proposed implementation date, the legislative audit committee shall release to the public a summary of the results of the hearing and the findings and conclusions of the legislative audit committee.
(5) (a) At least 30 days prior to the proposed implementation date, the legislative audit committee shall vote to recommend approval or disapproval of the privatization plan to the governor and transmit the recommendation in writing to the governor.
(b) The recommendation of the legislative audit committee is advisory only.
(6) At least 15 days prior to the proposed implementation date, the governor shall approve or disapprove the privatization plan, stating in writing the reasons for approval or disapproval.
History: En. Sec. 2, Ch. 762, L. 1991; amd. Sec. 2, Ch. 285, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 3. Privatization Plan Review › 2-8-303. Privatization plan -- contents

2-8-303. Privatization plan -- contents.
(1) An agency proposing to privatize a program shall prepare a privatization plan that includes the following:
(a) a description of the program to be privatized, including references to the legal authority under which the program was created;
(b) detailed budget information that includes a list of expenditures for the 2 most recent fiscal years and the sources of revenue for the program;
(c) a list of all personnel currently employed in the program and the estimated effect of the proposed privatization on the employment status of each employee affected;
(d) a listing of the assets of the program and their proposed disposition if the plan is implemented;
(e) an estimate of the cost savings or any additional costs resulting from privatizing the program, compared to the costs of the existing, nonprivatized program. Additional costs must include the estimated cost to the state of inspection, supervision, and monitoring of the proposed privatization and the costs incurred in the discontinuation of such a contract.
(f) the estimated current and future economic impacts of the implementation of the plan on other state programs, including public assistance programs, unemployment insurance programs, retirement programs, and agency personal services budgets used to pay out accrued vacation and sick leave benefits;
(g) the estimated increases or decreases in costs and quality of goods or services to the public if the plan is implemented;
(h) the estimated changes in individual wages and benefits resulting from the proposed privatization;
(i) the ways in which the proposed privatization will deliver the same or better services at a lower cost; and
(j) a narrative explanation and justification for the proposed privatization.
(2) To implement the privatization plan, an agency may transfer funds between budget categories.
History: En. Sec. 3, Ch. 762, L. 1991; amd. Sec. 3, Ch. 285, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 3. Privatization Plan Review › 2-8-304. Review of privatized programs

2-8-304. Review of privatized programs.
(1) If during audits of state agencies, the legislative auditor identifies programs being conducted by an agency under contract that may be administered more cost-effectively directly by the agency or identifies services performed by an agency that may be performed more cost-effectively by the private sector, the legislative auditor shall submit this information to the legislative audit committee.
(2) Members of the public, elected bargaining agents or employee representatives, elected officials, legislators, and agency directors may submit to the legislative audit committee a request to review programs being conducted under contract by an agency that may be administered more cost-effectively directly by the agency.
(3) The office of budget and program planning shall submit to the legislative audit committee, by July 1 of each odd-numbered year:
(a) a list of all programs accounted for in an enterprise fund or an internal service fund; and
(b) a request for privatization review under subsection (1) of at least two of the programs identified in subsection (3)(a), including any available information and criteria required under 2-8-303.
(4) The legislative audit committee shall review the information and requests provided under subsections (1) through (3) and may direct the legislative auditor to conduct a review of any contracted program or program administered directly by the agency, or both. The review must include a report to the legislative audit committee that includes the information required in a privatization plan under 2-8-303.
(5) The report required by subsection (4) must be provided to the legislative audit committee and released to the public. Not less than 30 days after the release of the report, the legislative audit committee shall conduct a public hearing on the report at which public comments and testimony must be received. Upon completion of the hearing on the report, the legislative audit committee may make recommendations that it believes appropriate concerning the program.
History: En. Sec. 4, Ch. 762, L. 1991; amd. Sec. 1, Ch. 556, L. 1995; amd. Sec. 1, Ch. 77, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 4. Procedure for Creating New Professional or Occupational Boards -- Review of Existing Boards › 2-8-401. Purpose

2-8-401. Purpose.
It is the intent of the legislature to:
(1) exercise the police power of the state through the establishment of licensing boards and licensing programs only when regulation of a profession or occupation benefits the public health, safety, welfare, or common good of the state's residents and that benefit outweighs the potential increased cost to the public and limitation on competition;
(2) recognize those professions or occupations that require specialized skill or training; and
(3) provide the public with a means to determine whether practitioners have met competency standards and to complain if the competency is suspect.
History: En. Sec. 1, Ch. 64, L. 2007; amd. Sec. 3, Ch. 620, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 4. Procedure for Creating New Professional or Occupational Boards -- Review of Existing Boards › 2-8-402. Intent to create new board

2-8-402. Intent to create new board.
(1) A bill draft request to create a department of labor and industry licensing board or licensing program must include a report that addresses:
(a) how licensing would protect and benefit the public;
(b) how the unregulated practice of the profession or occupation would pose a hazard to public health, safety, or welfare and whether the nature of the profession or occupation makes it difficult for the consumer to evaluate the hazard;
(c) the proposed minimum education, experience, and examination requirements necessary to provide the service, comparative data, and analysis on the licensure of the profession or occupation in other states and whether the proposed requirements are greater, less than, or equal to a national average;
(d) the proposed scope of practice;
(e) a description of any overlapping scopes of practice with professions or occupations, whether licensed or not;
(f) an analysis of the impact licensure would have on the type, cost, and availability of services to consumers, the number of providers currently in the market, and other impacts on market conditions;
(g) a description of any licensure exceptions;
(h) existing practitioners and the date by which they would be required to meet proposed qualifications;
(i) a list of other states that license the profession or occupation;
(j) regulatory alternatives other than licensing that are available to the practitioners of the profession or occupation;
(k) previous efforts, if any, to regulate the profession or occupation; and
(l) whether the profession or occupation could be regulated by an existing licensing board or licensing program.
(2) To estimate initial costs, the report must address:
(a) the number of licensees anticipated and a basis for the estimate;
(b) if a licensing board is proposed, the proposed makeup of the licensing board membership; and
(c) the projected annual licensing fees based on information from the department of labor and industry for all costs associated with a licensing board or licensing program of the projected size.
(3) If information is requested of the department of labor and industry in making a report under this section, the department may charge reasonable fees commensurate with the costs of producing the information.
History: En. Sec. 2, Ch. 64, L. 2007; amd. Sec. 4, Ch. 620, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 4. Procedure for Creating New Professional or Occupational Boards -- Review of Existing Boards › 2-8-403. Repealed

2-8-403. Repealed.
Sec. 38, Ch. 620, L. 2023.
History: En. Sec. 3, Ch. 64, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 4. Procedure for Creating New Professional or Occupational Boards -- Review of Existing Boards › 2-8-404. Interim committee review of licensing boards and programs -- criteria -- repeal -- consolidation

2-8-404. Interim committee review of licensing boards and programs -- criteria -- repeal -- consolidation.
(1) (a) Before January 1 of each even-numbered year, a legislative interim committee responsible for monitoring licensing boards and programs shall notify the department to which licensing boards or programs are administratively attached if the committee plans to review one or more licensing boards or programs to determine the need for a board or a program and the financial solvency or appropriate administrative attachment of the board or program.
(b) A review under subsection (1)(a) is separate from a performance audit conducted by the legislative audit committee.
(2) The focus of a review under subsection (1)(a) is:
(a) to determine whether a board or program continues to be needed to protect public health, safety, or welfare or the common good by addressing the following questions:
(i) does the improper practice of the profession or occupation pose a physical, financial, or emotional threat to public health, safety, or welfare and is there evidence of harm from improper practice; and
(ii) does the practice of the profession or occupation require specific training or skills that make evaluation of competency difficult for the consumer; or
(b) to assess the financial solvency of the board or program and the impact on consumers and on licensees if higher fees are projected for the next biennium.
(3) After the review, the legislative interim committee may draft legislation to:
(a) repeal the board or program if the board or program is no longer needed for public health, safety, or welfare or the common good; or
(b) combine a board with other licensing boards if a board meets the criteria in subsection (2)(a) but has one of the following criteria:
(i) is expected to have higher fees than if the board operates in combination with another board with similar interests;
(ii) has fewer than 200 licensees; or
(iii) has no or a limited number of complaints each year.
(4) The legislative interim committee, after a review of the administrative attachment of a board or program, may propose legislation to administratively attach the board or program to a department that has responsibilities related to the board or program.
History: En. Sec. 4, Ch. 64, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 4. Procedure for Creating New Professional or Occupational Boards -- Review of Existing Boards › 2-8-405. Repeal of licensing board or program law -- deposit of fees

2-8-405. Repeal of licensing board or program law -- deposit of fees.
(1) If the legislature repeals a licensing board or program law, the department of labor and industry may collect only delinquent licensing fees or fines, if provided by law, on behalf of the repealed licensing board or program. Continuing education and other requirements for maintaining a license cease with the effective date of the repeal.
(2) (a) Fees collected on behalf of a board or program that is proposed to be repealed must be deposited in the state special revenue fund for the use of the board or program.
(b) Fees that are not needed for satisfying debt obligations of the board or program may be used by the department to offset the costs to the department of all boards and programs.
History: En. Sec. 5, Ch. 64, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 8. Legislative Review › Part 5. Creation of New Workers' Compensation Exemption › 2-8-501. Letter of intent required to create new exemption

2-8-501. Letter of intent required to create new exemption.
(1) A bill draft request to create and list an additional exemption under Title 39, chapter 71, must include a letter of intent not exceeding 1,000 words that addresses the criteria in subsection (2).
(2) The letter of intent must contain a good faith effort to provide the following:
(a) an estimate of the number of employees statewide who would become exempt from coverage under the Workers' Compensation Act;
(b) an estimate of the number of employers statewide who would no longer be required to provide workers' compensation coverage to the exempt workers;
(c) an analysis of which entity would become responsible for the costs of injury;
(d) an analysis of the change in potential liability to an employer if an exempt employee is injured;
(e) an estimate of the reduction in total state payroll for the occupation for which the exemption is being requested; and
(f) an explanation of the possible social costs of allowing the exemption.
(3) The legislative fiscal analyst shall provide to the bill draft requester an independent assessment of the letter of intent.
(4) The department of labor and industry shall provide an independent assessment of the letter of intent regarding information that is within the expertise of that department.
(5) For the purposes of this section, a letter of intent is a public record.
(6) A bill draft request submitted without this letter of intent may not be processed for introduction to the legislature.
History: En. Sec. 1, Ch. 125, L. 2009.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 1. Liability Exposure › 2-9-101. Definitions

2-9-101. Definitions.
As used in parts 1 through 3 of this chapter, the following definitions apply:
(1) "Claim" means any claim against a governmental entity, for money damages only, that any person is legally entitled to recover as damages because of personal injury or property damage caused by a negligent or wrongful act or omission committed by any employee of the governmental entity while acting within the scope of employment, under circumstances where the governmental entity, if a private person, would be liable to the claimant for the damages under the laws of the state. For purposes of this section and the limit of liability contained in 2-9-108, all claims that arise or derive from personal injury to or death of a single person, or damage to property of a person, regardless of the number of persons or entities claiming damages, are considered one claim.
(2) (a) "Employee" means an officer, employee, or servant of a governmental entity, including elected or appointed officials, and persons acting on behalf of the governmental entity in any official capacity temporarily or permanently in the service of the governmental entity whether with or without compensation.
(b) The term does not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the governmental entity to which parts 1 through 3 apply in the event of a claim.
(3) "Governmental entity" means the state and political subdivisions.
(4) "Personal injury" means any injury resulting from libel, slander, malicious prosecution, or false arrest and any bodily injury, sickness, disease, or death sustained by any person and caused by an occurrence for which the state may be held liable.
(5) "Political subdivision" means any county, city, municipal corporation, school district, special improvement or taxing district, other political subdivision or public corporation, or any entity created by agreement between two or more political subdivisions.
(6) "Property damage" means injury or destruction to tangible property, including loss of use of the property, caused by an occurrence for which the state may be held liable.
(7) "State" means the state of Montana or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state.
History: (1)En. Sec. 2, Ch. 380, L. 1973; Sec. 82-4302, R.C.M. 1947; (2)En. 82-4334 by Sec. 8, Ch. 189, L. 1977; Sec. 82-4334, R.C.M. 1947; R.C.M. 1947, 82-4302, 82-4334(3); amd. Sec. 3, Ch. 675, L. 1983; amd. Sec. 1, Ch. 389, L. 1985; amd. Secs. 1, 3, Ch. 22, Sp. L. June 1986; amd. Sec. 54, Ch. 61, L. 2007; amd. Sec. 2, Ch. 262, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 1. Liability Exposure › 2-9-102. Governmental entities liable for torts except as specifically provided by legislature

2-9-102. Governmental entities liable for torts except as specifically provided by legislature.
Every governmental entity is subject to liability for its torts and those of its employees acting within the scope of their employment or duties whether arising out of a governmental or proprietary function except as specifically provided by the legislature under Article II, section 18, of The Constitution of the State of Montana.
History: En. Sec. 10, Ch. 380, L. 1973; amd. Sec. 1, Ch. 189, L. 1977; R.C.M. 1947, 82-4310.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 1. Liability Exposure › 2-9-103. Actions under invalid law or rule -- same as if valid -- when

2-9-103. Actions under invalid law or rule -- same as if valid -- when.
(1) If an officer, agent, or employee of a governmental entity acts in good faith, without malice or corruption, and under the authority of law and that law is subsequently declared invalid as in conflict with the constitution of Montana or the constitution of the United States, that officer, agent, or employee, any other officer, agent, or employee of the represented governmental entity, or the governmental entity is not civilly liable in any action in which the individuals or governmental entity would not have been liable if the law had been valid.
(2) If an officer, agent, or employee of a governmental entity acts in good faith, without malice or corruption, and under the authority of a duly promulgated rule or ordinance and that rule or ordinance is subsequently declared invalid, that officer, agent, or employee, any other officer, agent, or employee of the represented governmental entity, or the governmental entity is not civilly liable in any action in which liability would not attach if the rule or ordinance had been valid.
History: En. 82-4333 by Sec. 7, Ch. 189, L. 1977; R.C.M. 1947, 82-4333; amd. Sec. 7, Ch. 184, L. 1979; amd. Sec. 55, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 1. Liability Exposure › 2-9-104. Repealed

2-9-104. Repealed.
Sec. 4, Ch. 675, L. 1983.
History: En. 82-4334 by Sec. 8, Ch. 189, L. 1977; R.C.M. 1947, 82-4334(1), (2); amd. Sec. 2, Ch. 425, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 1. Liability Exposure › 2-9-105. State or other governmental entity immune from exemplary and punitive damages

2-9-105. State or other governmental entity immune from exemplary and punitive damages.
The state and other governmental entities are immune from exemplary and punitive damages.
History: En. 82-4332 by Sec. 6, Ch. 189, L. 1977; R.C.M. 1947, 82-4332.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 1. Liability Exposure › 2-9-106. Repealed

2-9-106. Repealed.
Sec. 4, Ch. 22, Sp. L. June 1986.
History: En. Sec. 1, Ch. 675, L. 1983.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 1. Liability Exposure › 2-9-107. Repealed

2-9-107. Repealed.
Sec. 4, Ch. 22, Sp. L. June 1986.
History: En. Sec. 2, Ch. 675, L. 1983; amd. Sec. 2, Ch. 389, L. 1985.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 1. Liability Exposure › 2-9-108. Limitation on governmental liability for damages in tort

2-9-108. Limitation on governmental liability for damages in tort.
(1) The state, a county, municipality, taxing district, or any other political subdivision of the state is not liable in tort action for damages suffered as a result of an act or omission of an officer, agent, or employee of that entity in excess of $750,000 for each claim and $1.5 million for each occurrence.
(2) The state, a county, municipality, taxing district, or any other political subdivision of the state is not liable in tort action for damages suffered as a result of negligence of an officer, agent, or employee of that entity by a person while the person was confined in or was otherwise in or on the premises of a correctional or detention institution or facility to serve a sentence imposed upon conviction of a criminal offense. The immunity granted by this subsection does not extend to serious bodily injury or death resulting from negligence or to damages resulting from medical malpractice, gross negligence, willful or wanton misconduct, or an intentional tort. This subsection does not create an exception from the dollar limitations provided for in subsection (1).
(3) An insurer is not liable for excess damages unless the insurer specifically agrees by written endorsement to provide coverage to the governmental agency involved in amounts in excess of a limitation stated in this section, in which case the insurer may not claim the benefits of the limitation specifically waived.
History: En. Sec. 2, Ch. 22, Sp. L. June 1986; amd. Sec. 1, Ch. 337, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 1. Liability Exposure › 2-9-111. Immunity from suit for legislative acts and omissions

2-9-111. Immunity from suit for legislative acts and omissions.
(1) As used in this section:
(a) the term "governmental entity" means only the state, counties, municipalities, school districts, and any other local government entity or local political subdivision vested with legislative power by statute;
(b) the term "legislative body" means only the legislature vested with legislative power by Article V of The Constitution of the State of Montana and that branch or portion of any other local governmental entity or local political subdivision empowered by law to consider and enact statutes, charters, ordinances, orders, rules, policies, resolutions, or resolves;
(c) (i) the term "legislative act" means:
(A) actions by a legislative body that result in creation of law or declaration of public policy;
(B) other actions of the legislature authorized by Article V of The Constitution of the State of Montana; or
(C) actions by a school board that result in adoption of school board policies pursuant to 20-3-323(1);
(ii) the term legislative act does not include administrative actions undertaken in the execution of a law or public policy.
(2) A governmental entity is immune from suit for a legislative act or omission by its legislative body, or any member or staff of the legislative body, engaged in legislative acts.
(3) Any member or staff of a legislative body is immune from suit for damages arising from the lawful discharge of an official duty associated with legislative acts of the legislative body.
(4) The acquisition of insurance coverage, including self-insurance or group self-insurance, by a governmental entity does not waive the immunity provided by this section.
(5) The immunity provided for in this section does not extend to:
(a) any tort committed by the use of a motor vehicle, aircraft, or other means of transportation; or
(b) any act or omission that results in or contributes to personal injury or property damage caused by contamination or other alteration of the physical, chemical, or biological properties of surface water or ground water, for which a cause of action exists in statutory or common law or at equity. This subsection (b) does not create a separate or new cause of action.
History: En. 82-4328 by Sec. 2, Ch. 189, L. 1977; R.C.M. 1947, 82-4328; amd. Sec. 1, Ch. 818, L. 1991; amd. Sec. 1, Ch. 821, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 1. Liability Exposure › 2-9-112. Immunity from suit for judicial acts and omissions

2-9-112. Immunity from suit for judicial acts and omissions.
(1) The state and other governmental units are immune from suit for acts or omissions of the judiciary.
(2) A member, officer, or agent of the judiciary is immune from suit for damages arising from the lawful discharge of an official duty associated with judicial actions of the court.
(3) The judiciary includes those courts established in accordance with Article VII of The Constitution of the State of Montana.
History: En. 82-4329 by Sec. 3, Ch. 189, L. 1977; R.C.M. 1947, 82-4329; amd. Sec. 56, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 1. Liability Exposure › 2-9-113. Immunity from suit for certain gubernatorial actions

2-9-113. Immunity from suit for certain gubernatorial actions.
The state and the governor are immune from suit for damages arising from the lawful discharge of an official duty associated with vetoing or approving bills or in calling sessions of the legislature.
History: En. 82-4330 by Sec. 4, Ch. 189, L. 1977; R.C.M. 1947, 82-4330.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 9. Liability Exposure and Insurance Coverage › Part 1. Liability Exposure › 2-9-114. Immunity from suit for certain actions by local elected executives

2-9-114. Immunity from suit for certain actions by local elected executives.
A local governmental entity and the elected executive officer thereof are immune from suit for damages arising from the lawful discharge of an official duty associated with vetoing or approving ordinances or other legislative acts or in calling sessions of the legislative body.
History: En. 82-4331 by Sec. 5, Ch. 189, L. 1977; R.C.M. 1947, 82-4331.