reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 4. Secretary of State › 2-15-403. Sale of corporate information list -- rulemaking authority

2-15-403. Sale of corporate information list -- rulemaking authority.
The secretary of state may offer for sale to private or public entities the corporate information list developed by the secretary of state. The information on the corporate information list must be limited to the information available on the corporate information computer system maintained by the secretary of state. If the list is offered for sale, the secretary of state shall adopt rules under the Montana Administrative Procedure Act specifying the fee to be charged for the list.
History: En. Sec. 1, Ch. 289, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 4. Secretary of State › 2-15-404. Electronic filing system -- requirements -- rules

2-15-404. Electronic filing system -- requirements -- rules.
(1) As authorized by 2-15-401, the secretary of state may develop and implement a statewide electronic filing system to accommodate the electronic filing of records and documents that are required to be filed in the office of the secretary of state.
(2) If the secretary of state develops and implements a statewide electronic filing system, the secretary of state shall establish a central database for all records and documents filed electronically with the secretary of state.
(3) If the secretary of state develops and implements a statewide electronic filing system, the secretary of state shall adopt rules that:
(a) provide procedures for entering data;
(b) provide security and protection of information in the system and monitor the database and other components of the system to ensure that unauthorized entry is precluded;
(c) require standardized information for entry into the system;
(d) prescribe an identification procedure for a person filing records or other documents or otherwise accessing the system;
(e) require each individual who is required to sign a document that is filed electronically to be specifically identified as acknowledging the document and giving assent to the electronic filing through an identification procedure unique to that individual;
(f) prescribe a procedure for certification of electronic filings by the secretary of state; and
(g) prescribe a procedure for converting an electronic filing to a paper copy and for certifying the paper copy for a person requesting a paper copy.
(4) The secretary of state shall cooperate with the department of administration in the development of any electronic filing system. The filing system must comply with the standards established pursuant to 2-17-512.
(5) This section may not be construed to affect any requirement that a particular individual or officer of an organization acknowledge a document. Any person using an identification procedure in place of a signature or facsimile signature for any electronic filing is subject to the same civil and criminal penalties applicable to a person providing a signature or facsimile signature.
(6) An electronic filing system developed and implemented under this section may be constructed in phases as resources and technology allow.
History: En. Sec. 1, Ch. 291, L. 1997; amd. Sec. 23, Ch. 313, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 4. Secretary of State › 2-15-405. Fees charged by secretary of state -- deposit to account -- rulemaking

2-15-405. Fees charged by secretary of state -- deposit to account -- rulemaking.
(1) The secretary of state shall, for fees charged by the secretary of state, set by administrative rule each fee authorized by law.
(2) Unless otherwise specified by law, fees:
(a) must be commensurate with the overall costs of the office of the secretary of state; and
(b) must reasonably reflect the prevailing rates charged in the public and private sectors for similar services.
(3) The secretary of state shall maintain records sufficient to support the fees established pursuant to this section.
(4) Except as otherwise provided by law, fees collected by the secretary of state must be deposited to an account in the enterprise fund type to the credit of the secretary of state. All income and interest earned on money in the account must be credited to the account.
History: En. Sec. 1, Ch. 396, L. 2001; amd. Sec. 6, Ch. 6, Sp. L. November 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 4. Secretary of State › 2-15-406. Custody and reproduction of certain records by secretary of state

2-15-406. Custody and reproduction of certain records by secretary of state.
(1) The secretary of state is charged with the custody of:
(a) the enrolled copy of the constitution;
(b) all the acts and resolutions passed by the legislature;
(c) the journals of the legislature;
(d) the great seal;
(e) all documents kept or deposited in the secretary of state's office pursuant to law.
(2) All records included in subsection (1) may be kept and reproduced in accordance with rules adopted by the secretary of state in consultation with the state records committee provided for in 2-6-1107.
(3) The state records committee may approve the disposal of original records once those records are reproduced as provided for in subsection (2) unless disposal takes the form of transfer of records. Reproduction is not necessary for transferred records. The reproduction or certified copy of a record may be used in place of the original for all purposes, including as evidence in any court or proceeding, and has the same force and effect as the original record.
History: En. Sec. 28, Ch. 348, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 4. Secretary of State › 2-15-411. Commissioner of political practices

2-15-411. Commissioner of political practices.
(1) There is a commissioner of political practices who is appointed as provided in 13-37-102.
(2) The office of the commissioner is attached to the office of the secretary of state for administrative purposes only, as specified in 2-15-121, except that the provisions of subsections (1)(b), (1)(c), (2)(a), (2)(b), (2)(d), (2)(e), and (3)(a) of 2-15-121 do not apply.
History: En. 23-4785 by Sec. 10, Ch. 480, L. 1975; amd. Sec. 62, Ch. 365, L. 1977; amd. Sec. 1, Ch. 461, L. 1977; R.C.M. 1947, 23-4785(part); amd. Sec. 19, I.M. No. 85, approved Nov. 4, 1980.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 4. Secretary of State › 2-15-412. Board of state canvassers

2-15-412. Board of state canvassers.
The board of state canvassers created in 13-15-502 is allocated to the office of the secretary of state for administrative purposes only as prescribed in 2-15-121.
History: En. 82A-2102 by Sec. 1, Ch. 272, L. 1971; R.C.M. 1947, 82A-2102; amd. Sec. 12, Ch. 184, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 4. Secretary of State › 2-15-413. Repealed

2-15-413. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. by Code Commissioner, 1979; amd. Sec. 13, Ch. 184, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 5. Attorney General › 2-15-502. Qualification of assistants

2-15-502. Qualification of assistants.
Each assistant attorney general must be duly licensed to practice law in the state of Montana at the time of appointment.
History: En. Sec. 2, p. 96, L. 1901; en. Sec. 2, Ch. 13, L. 1907; Sec. 197, Rev. C. 1907; re-en. Sec. 203, R.C.M. 1921; re-en. Sec. 203, R.C.M. 1935; R.C.M. 1947, 82-406; amd. Sec. 79, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 5. Attorney General › 2-15-503. Representation of state in bankruptcy and debt collection proceedings -- collection of fees from state agencies

2-15-503. Representation of state in bankruptcy and debt collection proceedings -- collection of fees from state agencies.
(1) In all matters involving bankruptcy or collection of debts owed to the state in which the attorney general provides legal assistance to a state agency, the attorney general may charge a fee to the agency plus reimbursement for actual expenses reasonably incurred. The fee may be an hourly charge, or the attorney general may designate a percentage of collected proceeds to be retained for the costs of providing legal assistance. The fees and expenses must be reasonably related to the costs of the attorney general in providing legal assistance to state agencies in bankruptcy and debt collection matters.
(2) Fees and expenses retained by the attorney general under subsection (1) must be deposited in an account in the internal service fund for the costs of providing legal assistance in bankruptcy and debt collection matters. Any funds in excess of the amount appropriated for operation of the bankruptcy program must be carried forward into the next fiscal year for continued operation of the program. Any excess funds carried forward into the next fiscal year, after meeting a 60-day working capital reserve, must be used to reduce the designated percentage of the collected proceeds charged to the various agencies. All amounts collected that are not applied to fees must be deposited to the account or fund of the agency to which the debt was originally owed.
History: En. Sec. 2, Ch. 72, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 5. Attorney General › 2-15-504. Official misconduct -- evidential review

2-15-504. Official misconduct -- evidential review.
The attorney general shall review a complaint referred from a county attorney concerning alleged misconduct of a local government public officer pursuant to 7-4-2718 or an independent complaint made to the attorney general concerning the alleged misconduct of a local government public officer and any evidence concerning the officer's alleged misconduct. After reviewing the complaint, the attorney general may instruct the county attorney to diligently prosecute the officer as provided by 2-15-501(5), bring an action against the officer as provided in 45-7-401, or decline to prosecute the officer.
History: En. Sec. 1, Ch. 173, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 5. Attorney General › 2-15-505. Fentanyl mandatory minimum report

2-15-505. Fentanyl mandatory minimum report.
Pursuant to the attorney general's duty provided in 2-15-501(5) to exercise supervisory control over the county attorneys and to require of them reports as to the public business entrusted to their charge, beginning on September 1, 2024, the attorney general shall report annually by September 1 to the law and justice interim committee and the judicial branch, law enforcement, and justice budget committee, in accordance with 5-11-210, on the number of times a court imposed a mandatory minimum required by 45-9-101(6) or 45-9-103(3) in the previous fiscal year.
History: En. Sec. 4, Ch. 543, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 6. State Auditor › 2-15-602. Deputy state auditor

2-15-602. Deputy state auditor.
(1) The state auditor shall appoint a deputy who in the absence of the principal or in the case of vacancy in the office of state auditor shall perform all the duties of the office until the disability is removed or the vacancy is filled.
(2) The deputy shall subscribe, take, and file the oath of office provided by law for other state officers before entering upon the performance of the duties.
History: En. Sec. 1, Ch. 86, L. 1903; re-en. Sec. 143, Rev. C. 1907; re-en. Sec. 122, R.C.M. 1921; re-en. Sec. 122, R.C.M. 1935; amd. Sec. 1, Ch. 181, L. 1947; amd. Sec. 1, Ch. 8, L. 1949; amd. Sec. 48, Ch. 177, L. 1965; amd. Sec. 3, Ch. 468, L. 1977; R.C.M. 1947, 82-601(part); amd. Sec. 80, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 7. Superintendent of Public Instruction › 2-15-701. Superintendent of public instruction

2-15-701. Superintendent of public instruction.
There is a superintendent of public instruction as provided in Article VI, section 1, of the Montana constitution. The election, qualifications, and term of office of the superintendent are provided for in Title 20, chapter 3.
History: En. by Code Commissioner, 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1001. Department of administration -- head

2-15-1001. Department of administration -- head.
There is created a department of administration. The department head is a director of administration appointed by the governor in accordance with 2-15-111.
History: En. 82A-201 by Sec. 1, Ch. 272, L. 1971; R.C.M. 1947, 82A-201.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1002. Ex officio state treasurer

2-15-1002. Ex officio state treasurer.
The director of the department of administration shall serve as ex officio state treasurer.
History: En. Sec. 1, Ch. 136, L. 1973; amd. Sec. 1, Ch. 468, L. 1977; R.C.M. 1947, 82A-214.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1005. Repealed

2-15-1005. Repealed.
Sec. 18, Ch. 581, L. 1987.
History: En. 82A-204 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 90, Ch. 326, L. 1974; R.C.M. 1947, 82A-204(1) thru (3), (5); amd. Sec. 1, Ch. 365, L. 1979; amd. Sec. 1, Ch. 63, L. 1985; amd. Sec. 1, Ch. 183, L. 1985.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1006. Repealed

2-15-1006. Repealed.
Sec. 4, Ch. 239, L. 1989.
History: En. 82A-206 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 91, Ch. 326, L. 1974; R.C.M. 1947, 82A-206.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1007. Board of examiners -- allocation

2-15-1007. Board of examiners -- allocation.
(1) The governor, secretary of state, and attorney general constitute a board of examiners.
(2) The meetings of the board are held at the seat of government at times set by the president.
(3) The governor is the president, and the secretary of state is the secretary of the board, and in the absence of either, an officer pro tempore may be elected from their number.
(4) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121.
History: (1)En. Sec. 232 to 253 were enacted as Sections 1 to 21, pp. 183 to 187, L. 1891; re-en. Secs. 680 to 701, Pol. C. 1895; appearing as Secs. 226 to 247, Rev. C. 1907; re-en. Sec. 232, R.C.M. 1921; Cal. Pol. C. Secs. 654-685; re-en. Sec. 232, R.C.M. 1935; amd. Sec. 7, Ch. 97, L. 1961; Sec. 82-1101, R.C.M. 1947; (2), (3)En. Sec. 227, Rev. C. 1907; re-en. Sec. 233, R.C.M. 1921; re-en. Sec. 233, R.C.M. 1935; Sec. 82-1102, R.C.M. 1947; (4)En. 82A-207 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 92, Ch. 326, L. 1974; amd. Sec. 14, Ch. 343, L. 1977; Sec. 82A-207, R.C.M. 1947; R.C.M. 1947, 82-1101(part), 82-1102, 82A-207; amd. Sec. 1, Ch. 105, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1009. Public employees' retirement board -- terms -- allocation

2-15-1009. Public employees' retirement board -- terms -- allocation.
(1) There is a public employees' retirement board.
(2) The board consists of seven members appointed by the governor with the consent of the senate. The members are:
(a) three public employees who are active members of a public retirement system. Not more than one of these members may be an employee of the same department and at least one of these members must, no later than July 1, 2003, be a member of the defined contribution plan created pursuant to Title 19, chapter 3, part 21.
(b) one retired public employee who is a member of the public employees' retirement system;
(c) two members at large; and
(d) one member who has experience in investment management, counseling, or financial planning or who has other similar experience.
(3) The term of office for each member is 5 years.
(4) (a) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121.
(b) The board shall hire necessary employees as provided in 19-2-404.
(c) Consistent with its constitutional mandate to administer the retirement plans as a fiduciary of system participants and their beneficiaries, the board shall appoint its own existing attorney in lieu of the person appointed by the department, as provided for in 2-4-110, to have sole responsibility for the legal review of each board rule proposal notice, adoption notice, or other notice related to administrative rulemaking.
(5) Members of the board must be compensated and receive travel expenses as provided for in 2-15-124.
History: En. 82A-210 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 9, Ch. 190, L. 1974; amd. Sec. 94, Ch. 326, L. 1974; amd. Sec. 3, Ch. 132, L. 1977; amd. Sec. 22, Ch. 453, L. 1977; R.C.M. 1947, 82A-210; amd. Sec. 1, Ch. 117, L. 1983; amd. Sec. 2, Ch. 650, L. 1985; amd. Sec. 2, Ch. 532, L. 1997; amd. Sec. 1, Ch. 471, L. 1999; amd. Sec. 1, Ch. 562, L. 1999; amd. Sec. 1, Ch. 68, L. 2007; amd. Sec. 2, Ch. 99, L. 2011.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1010. Teachers' retirement board -- terms -- allocation -- definition

2-15-1010. Teachers' retirement board -- terms -- allocation -- definition.
(1) There is a teachers' retirement board.
(2) The board consists of six members appointed by the governor, as follows:
(a) three persons appointed from the teaching profession who, when appointed, are active members of the retirement system. At least one of the three appointees must be actively employed as a public school classroom teacher and shall hold a class 1, 2, or 4 certificate pursuant to 20-4-106.
(b) two persons appointed as representatives of the public;
(c) one member who must be a retired teacher who was a member of the retirement system at the time of retirement.
(3) (a) Except as provided in subsection (3)(b), each appointed member of the board shall serve a term of 5 years. Each appointed member shall take and subscribe to the oath prescribed by Article III, section 3, of the Montana constitution. The oath must be filed in the office of the secretary of state.
(b) The first appointment of a member of the public after March 16, 2001, is for a 4-year term. After that appointment, each appointment of a member of the public is for a 5-year term.
(4) If a vacancy in an unexpired term occurs on the board, the governor shall appoint a person to fill the unexpired portion of the term.
(5) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121. However, the board may hire its own personnel, and 2-15-121(2)(d) does not apply.
(6) As used in this section, "classroom teacher" means a staff member who is assigned professional activities of instructing pupils in self-contained classes or courses or in classroom situations.
History: En. 82A-212 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 95, Ch. 326, L. 1974; amd. Sec. 1, Ch. 45, L. 1977; R.C.M. 1947, 82A-212; amd. Sec. 1, Ch. 388, L. 1997; amd. Sec. 1, Ch. 45, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1011. State agency for surplus property

2-15-1011. State agency for surplus property.
There is a Montana state agency for federal surplus property that is administered by a department designated by the governor. The director of the department may prescribe the duties of personnel needed to carry out the duties of Title 18, chapter 5, part 2.
History: En. Sec. 1, Ch. 136, L. 1953; amd. Sec. 1, Ch. 478, L. 1977; R.C.M. 1947, 82-3101; amd. Sec. 1, Ch. 485, L. 1989.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1012. Repealed

2-15-1012. Repealed.
Sec. 14, Ch. 555, L. 1979.
History: En. Sec. 3, Ch. 438, L. 1973; R.C.M. 1947, 59-1503(1), (2).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1015. Montana tax appeal board

2-15-1015. Montana tax appeal board.
There is a Montana tax appeal board as provided in Title 15, chapter 2.
History: En. by Code Commissioner, 1979; amd. Sec. 2, Ch. 142, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1016. State employee group benefits advisory council -- composition

2-15-1016. State employee group benefits advisory council -- composition.
(1) The department shall create a state employee group benefits advisory council under 2-15-122.
(2) The members of the advisory council must be selected from a diverse group in order to adequately represent the interests of state employees and retirees.
(3) One member of the advisory council must be a retired state employee.
(4) Each labor organization, as defined in 39-31-103, representing more than 1,000 employees of the state of Montana is entitled to one representative on the advisory council.
History: En. Sec. 3, Ch. 555, L. 1979; amd. Sec. 1, Ch. 188, L. 1987; amd. Sec. 1, Ch. 426, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1020. Repealed

2-15-1020. Repealed.
Secs. 74, 80(2), Ch. 449, L. 2005.
History: En. Sec. 2, Ch. 781, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1021. Information technology board -- membership -- qualifications -- vacancies -- compensation

2-15-1021. Information technology board -- membership -- qualifications -- vacancies -- compensation.
(1) There is an information technology board. The board consists of 18 members who are appointed as follows:
(a) the chief information officer provided for in 2-17-511 or a designee, who serves as presiding officer of the board;
(b) the director of the department of administration or a designee;
(c) the director of the office of budget and program planning or a designee;
(d) three members who are directors of state agencies and who are appointed by the governor, or their designees;
(e) two members representing local government, appointed by the governor;
(f) one member representing the public service commission, appointed by the public service commission;
(g) one member representing the private sector, appointed by the governor;
(h) one member of the house of representatives, appointed by the speaker of the house of representatives;
(i) one member of the senate, appointed by the president of the senate;
(j) one member representing the legislative branch, appointed by the legislative branch information technology planning council;
(k) one member representing the judicial branch, appointed by the chief justice of the supreme court;
(l) one member representing K-12 education, appointed by the superintendent of public instruction;
(m) the attorney general or a designee;
(n) the secretary of state or a designee; and
(o) the state auditor or a designee.
(2) Appointments must be made without regard to political affiliation and must be made solely for the wise management of the information technology resources used by the state.
(3) A vacancy occurring on the board must be filled by the appointing authority in the same manner as the original appointment.
(4) The board shall function in an advisory capacity as defined in 2-15-102.
(5) Members of the board must be reimbursed and compensated in the same manner as members of quasi-judicial boards under 2-15-124(7), except that legislative members are reimbursed and compensated as provided in 5-2-302.
History: En. Sec. 1, Ch. 313, L. 2001; amd. Sec. 1, Ch. 284, L. 2013; amd. Sec. 1, Ch. 448, L. 2021; amd. Sec. 1, Ch. 95, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1025. Repealed

2-15-1025. Repealed.
Sec. 28, Ch. 23, L. 2023.
History: En. Sec. 1, Ch. 420, L. 1973; Sec. 5-607, R.C.M. 1947; amd. and redes. 82A-407 by Sec. 21, Ch. 431, L. 1975; R.C.M. 1947, 82A-407; amd. Sec. 3, Ch. 321, L. 1979; amd. Sec. 14, Ch. 274, L. 1981; amd. Sec. 3, Ch. 52, L. 1993; amd. Sec. 1, Ch. 395, L. 1993; amd. Sec. 10, Ch. 483, L. 2001; Sec. 2-15-1803, MCA 1999; redes. 2-15-1025 by Sec. 221(3), Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1026. Board of county printing -- composition -- allocation -- compensation

2-15-1026. Board of county printing -- composition -- allocation -- compensation.
(1) There is a board of county printing.
(2) The board consists of five members appointed by the governor with the consent of the senate for terms of 2 years.
(3) The members are:
(a) two members of the printing industry;
(b) two county commissioners;
(c) one member of the general public.
(4) The board is allocated to the department of administration for administrative purposes only as prescribed in 2-15-121.
(5) The members of the board must be compensated and reimbursed in the same manner and amount as provided for in 37-1-133.
History: (1) thru (4)En. 82A-904 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 103, Ch. 348, L. 1974; Sec. 82A-904, R.C.M. 1947; (5)En. Sec. 4, Ch. 280, L. 1967; amd. Sec. 59, Ch. 348, L. 1974; Sec. 16-1228, R.C.M. 1947; R.C.M. 1947, 16-1228, 82A-904; amd. Sec. 1, Ch. 247, L. 1981; MCA 1979, 2-15-1102; redes. 2-15-1811 by Sec. 12, Ch. 274, L. 1981; amd. Sec. 2, Ch. 474, L. 1981; amd. Sec. 11, Ch. 483, L. 2001; Sec. 2-15-1811, MCA 1999; redes. 2-15-1026 by Sec. 221(3), Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1028. Repealed

2-15-1028. Repealed.
Sec. 45, Ch. 358, L. 2017.
History: En. Sec. 5, Ch. 449, L. 2005; amd. Sec. 1, Ch. 344, L. 2011; amd. Sec. 1, Ch. 123, L. 2013; amd. Sec. 2, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 10. Department of Administration › 2-15-1029. Office of state public defender -- head

2-15-1029. Office of state public defender -- head.
There is an office of state public defender. The head of the office is a director. The director is hired by the director of the department of administration. The director is not subject to confirmation by the senate and may be removed by the director of the department of administration only for cause.
History: En. Sec. 1, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 11. Department of Community Affairs (Renumbered and Repealed) › 2-15-1101. Repealed

2-15-1101. Repealed.
Sec. 22, Ch. 274, L. 1981.
History: En. 82A-901 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 1, Ch. 213, L. 1975; R.C.M. 1947, 82A-901.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 11. Department of Community Affairs (Renumbered and Repealed) › 2-15-1102. Renumbered 2-15-1811

2-15-1102. Renumbered 2-15-1811.
Sec. 12, Ch. 274, L. 1981.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 11. Department of Community Affairs (Renumbered and Repealed) › 2-15-1103. Renumbered 2-15-1812

2-15-1103. Renumbered 2-15-1812.
Sec. 12, Ch. 274, L. 1981.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 11. Department of Community Affairs (Renumbered and Repealed) › 2-15-1104. Renumbered 2-15-1821

2-15-1104. Renumbered 2-15-1821.
Sec. 12, Ch. 274, L. 1981.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 11. Department of Community Affairs (Renumbered and Repealed) › 2-15-1111. Renumbered 2-15-1813

2-15-1111. Renumbered 2-15-1813.
Sec. 12, Ch. 274, L. 1981.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 11. Department of Community Affairs (Renumbered and Repealed) › 2-15-1112. Renumbered 90-11-101

2-15-1112. Renumbered 90-11-101.
Sec. 20, Ch. 274, L. 1981.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 11. Department of Community Affairs (Renumbered and Repealed) › 2-15-1113. Renumbered 90-11-102

2-15-1113. Renumbered 90-11-102.
Sec. 20, Ch. 274, L. 1981.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 12. Department of Military Affairs › 2-15-1201. Department of military affairs -- head

2-15-1201. Department of military affairs -- head.
There is a department of military affairs. The department head is the adjutant general of the state, who must be appointed and shall serve in the same manner as directors in 2-15-111. In addition, the adjutant general must have the qualifications prescribed in 2-15-1202. The adjutant general is the commanding general of military forces of the state.
History: En. 82A-1401 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 70, Ch. 94, L. 1974; R.C.M. 1947, 82A-1401; amd. Sec. 1, Ch. 198, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 12. Department of Military Affairs › 2-15-1202. Adjutant general -- qualifications -- salary

2-15-1202. Adjutant general -- qualifications -- salary.
(1) The adjutant general must:
(a) have the rank of major general;
(b) be selected from the active list of the national guard of this state;
(c) be federally recognized in the rank of lieutenant colonel or higher, immediately preceding appointment;
(d) have at least 10 years of service as an officer of the active national guard of this state during the 15 years immediately preceding appointment.
(2) A salary may not be paid to the adjutant general by the state when the adjutant general is on extended active duty in federal service or is receiving pay as a civilian employee of the federal government.
(3) If, by reason of call or draft of officers of the Montana national guard into federal service, there is no officer having the qualifications set forth in this section for adjutant general, then any officer of the national guard may be appointed as acting adjutant general.
History: En. 82A-1405 by Sec. 71, Ch. 94, L. 1974; R.C.M. 1947, 82A-1405; amd. Sec. 81, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 12. Department of Military Affairs › 2-15-1203. Assistant adjutant generals

2-15-1203. Assistant adjutant generals.
(1) The adjutant general shall appoint, with the approval of the governor, an assistant adjutant general for the army national guard to be selected from the active list of the army national guard and an assistant adjutant general for the air national guard to be selected from the active list of the air national guard.
(2) Each assistant adjutant general must have the qualifications set forth in 2-15-1202 for appointment as adjutant general. However, each assistant adjutant general must have the rank of brigadier general.
(3) The assistant adjutant general of the army national guard is the commanding general of the army national guard. The assistant adjutant general of the air national guard is the commanding general of the air national guard.
History: En. 82A-1406 by Sec. 72, Ch. 94, L. 1974; R.C.M. 1947, 82A-1406; amd. Sec. 82, Ch. 61, L. 2007; amd. Sec. 2, Ch. 198, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 12. Department of Military Affairs › 2-15-1204. Division of disaster and emergency services

2-15-1204. Division of disaster and emergency services.
A division of disaster and emergency services is established in the department of military affairs.
History: En. 77-2305.1 by Sec. 7, Ch. 335, L. 1977; R.C.M. 1947, 77-2305.1(part(1)).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 13. Department of Revenue › 2-15-1301. Department of revenue -- head

2-15-1301. Department of revenue -- head.
There is a department of revenue. The department head is the director of revenue.
History: En. 82A-1801 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 62, Ch. 391, L. 1973; R.C.M. 1947, 82A-1801.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 13. Department of Revenue › 2-15-1302. Director of revenue

2-15-1302. Director of revenue.
(1) There is the position of director of revenue.
(2) The director of revenue shall be appointed and serve as provided for directors in 2-15-111.
(3) The director is the chief administrative officer of the department.
History: En. 82A-1804 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 64, Ch. 391, L. 1973; R.C.M. 1947, 82A-1804(part).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 13. Department of Revenue › 2-15-1311. Advisory council for Multistate Tax Compact

2-15-1311. Advisory council for Multistate Tax Compact.
The director of revenue shall appoint an advisory council for the purpose of complying with Article VI, section 1(b), of the Multistate Tax Compact if local subdivisions are affected by the compact. The provisions of 2-15-122 apply if an advisory council is appointed.
History: En. 82A-1803 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 63, Ch. 391, L. 1973; R.C.M. 1947, 82A-1803; amd. Sec. 1, Ch. 82, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 15. Education › 2-15-1501. State board of education

2-15-1501. State board of education.
The state board of education is created in Article X, section 9, subsection (1) of the Montana constitution and is provided for in Title 20, chapter 2.
History: En. 82A-501 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 4, Ch. 51, L. 1974; R.C.M. 1947, 82A-501.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 15. Education › 2-15-1505. Board of regents of higher education

2-15-1505. Board of regents of higher education.
The board of regents of higher education created in Article X, section 9, subsection (2), of the Montana constitution consists of seven members appointed by the governor and confirmed by the senate. The governor, superintendent of public instruction, and commissioner of higher education are ex officio nonvoting members of the board of regents.
History: En. Sec. 2, Ch. 344, L. 1973; R.C.M. 1947, 75-5610(2).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 15. Education › 2-15-1506. Commissioner of higher education

2-15-1506. Commissioner of higher education.
(1) There is a commissioner of higher education who is appointed by the board of regents.
(2) The board of regents shall prescribe the term of the commissioner.
History: En. Sec. 3, Ch. 344, L. 1973; R.C.M. 1947, 75-5611(part).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 15. Education › 2-15-1507. Board of public education

2-15-1507. Board of public education.
The board of public education created in Article X, section 9, subsection (3), of the Montana constitution consists of seven members appointed by the governor and confirmed by the senate. The governor, superintendent of public instruction, and commissioner of higher education are ex officio nonvoting members of the board of public education.
History: En. Sec. 2, Ch. 344, L. 1973; R.C.M. 1947, 75-5610(1).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 15. Education › 2-15-1508. Appointments to board of public education and board of regents -- conditions -- vacancy

2-15-1508. Appointments to board of public education and board of regents -- conditions -- vacancy.
(1) Appointments to the board of public education and to the board of regents are subject to the following qualifications:
(a) Not more than four may be from one district provided for in 2-15-156.
(b) Not more than four may be affiliated with the same political party.
(c) The terms of members appointed to each board are 7 years except as provided in subsection (3).
(d) When a vacancy occurs, the governor shall appoint a member for the remainder of the term of the incumbent, and the appointment must preserve the balance required by subsections (1)(a) and (1)(b).
(e) A person may not be appointed to concurrent memberships on the board of public education and the board of regents.
(2) An appointed member of either board shall take and subscribe to the constitutional oath of office and file it with the secretary of state before the person may serve as a member of either board.
(3) (a) One seat of the appointed members on the board of regents is reserved for membership by a student appointed by the governor. The student must be registered as a full-time student at a unit of higher education under jurisdiction of the board of regents. The length of term of the student member is 1 year. The term begins July 1 and ends June 30. The student regent may be reappointed to succeeding terms subject to subsection (3)(b). The provisions of subsections (1)(a) and (1)(b) do not apply to the student member and may not affect the balance of the remaining appointive membership on the board of regents.
(b) The governor shall appoint the student provided for in subsection (3)(a) based upon a nomination provided by a student organization designated by the board of regents. The student organization shall nominate no fewer than three qualified students. If the governor finds that none of the students nominated are acceptable, the governor may request a new slate of nominees. Nominations must be forwarded to the governor in March immediately preceding the end of a regular term, and the governor shall make the appointment before the end of the succeeding June. In the event of a vacancy, a replacement must be appointed as soon as is practicable and in the same manner as the original appointment.
History: En. Secs. 2, 11, Ch. 344, L. 1973; R.C.M. 1947, 75-5610(part), 75-5619; amd. Sec. 1, Ch. 52, L. 1993; amd. Sec. 1, Ch. 206, L. 1999; amd. Sec. 1, Ch. 254, L. 2003; amd. Sec. 1, Ch. 120, L. 2007; amd. Sec. 2, Ch. 285, L. 2019.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 15. Education › 2-15-1511. Agencies allocated to state board of education

2-15-1511. Agencies allocated to state board of education.
The state historical society, the Montana arts council, and the state library commission are allocated to the state board of education for purposes of planning and coordination. Budget requests to the state for these agencies shall be included with the budget requests of the state board of education; however, the governance, management, and control of the respective agencies shall be vested respectively in the board of trustees of the state historical society, the Montana arts council, and the state library commission.
History: En. 82A-501.1 by Sec. 5, Ch. 51, L. 1974; R.C.M. 1947, 82A-501.1.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 15. Education › 2-15-1512. Boards and offices associated with state historical society

2-15-1512. Boards and offices associated with state historical society.
(1) (a) There is a board of trustees of the state historical society that is created in Title 22, chapter 3.
(b) The composition, method of appointment, terms of office, and qualifications of board members remain as prescribed by law.
(2) (a) There is a preservation review board within the Montana historical society consisting of nine members.
(b) Members must be appointed by the governor in the following manner:
(i) five professional persons recognized in the fields of archaeology, history, paleontology, historic property administration, curation, planning, landscape architecture, conservation, folklore, cultural anthropology, traditional cultural property expertise, architecture, or architectural history. However, no more than two members may be appointed from any one of these fields; and
(ii) four members of the public who represent a broad spectrum of Montana society, who have demonstrated an interest in historic preservation, and whose views reflect the rich cultural heritage of the past as well as the opportunities of the future.
(c) Each member shall serve a 4-year term. A member may be reappointed.
(d) Members must be compensated and receive travel expenses as provided for in 2-15-124.
(3) (a) There is established the historic preservation office within the Montana historical society, to consist of a historic preservation officer and a qualified professional staff.
(b) The historic preservation officer is appointed by the governor from a list of three nominees submitted to the governor by the director of the Montana historical society with the approval of the Montana historical society board of trustees.
(c) The historic preservation officer is supervised by the director of the Montana historical society.
History: (1)En. 82A-507 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 7, Ch. 51, L. 1974; amd. Sec. 1, Ch. 203, L. 1975; amd. Sec. 23, Ch. 453, L. 1977; R.C.M. 1947, 82A-507(1), (2); (2), (3)En Secs. 1, 3, 6, Ch. 563, L. 1979; amd. Sec. 3, Ch. 650, L. 1985; amd. Sec. 1, Ch. 343, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 15. Education › 2-15-1513. Montana arts council

2-15-1513. Montana arts council.
(1) There is a Montana arts council which is created in Title 22, chapter 2.
(2) The composition, method of appointment, terms of office, compensation, reimbursement, and qualifications of council members remain as prescribed by law.
History: En. 82A-508 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 8, Ch. 51, L. 1974; R.C.M. 1947, 82A-508.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 15. Education › 2-15-1514. State library commission

2-15-1514. State library commission.
(1) There is a state library commission created in Title 22, chapter 1.
(2) The composition, method of appointment, terms of office, compensation, reimbursement, and qualifications of commission members are as prescribed by law.
History: (1)En. 82A-509 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 9, Ch. 51, L. 1974; R.C.M. 1947, 82A-509; (2)En. Sec. 3, Ch. 650, L. 1983; amd. Sec. 1, Ch. 395, L. 1985; Sec. 2-15-1018, MCA 1983; redes. 2-15-1514(2) by Code Commissioner, 1985; amd. Sec. 9, Ch. 545, L. 1995; amd. Sec. 24, Ch. 313, L. 2001; amd. Sec. 1, Ch. 110, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 15. Education › 2-15-1515. Commission on federal higher education programs

2-15-1515. Commission on federal higher education programs.
(1) There is a commission on federal higher education programs that may be called into existence by the board of regents of higher education from time to time as the need arises. Whenever the commission is called into existence, the board shall request that the governor appoint members pursuant to subsection (2)(b).
(2) The commission consists of:
(a) ex officio, the appointed members of the board of regents of higher education; and
(b) a representative of each accredited private college or university in this state appointed by the governor from the board of trustees of each private college or university upon the request of the board of regents of higher education.
(3) The commission members appointed pursuant to subsection (2)(b) shall serve for the period of existence of the commission. However, the period of service may not exceed 4 years and is contingent upon continued status as a trustee. If a vacancy occurs in a position held by an individual appointed pursuant to subsection (2)(b), the governor shall appoint a replacement.
(4) The presiding officer of the board of regents of higher education is the presiding officer of the commission.
(5) The commissioner of higher education is the administrative officer of the commission.
(6) The commission is allocated to the board of regents of higher education for administrative purposes only as provided in 2-15-121.
(7) The commission members are entitled to compensation as provided in 2-15-124(7).
(8) The board of regents of higher education may terminate the commission from time to time when there is no need for its existence.
History: En. 82A-512 by Sec. 3, Ch. 220, L. 1974; R.C.M. 1947, 82A-512; amd. Sec. 1, Ch. 21, L. 1985; amd. Sec. 83, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 15. Education › 2-15-1516. Fertilizer advisory committee

2-15-1516. Fertilizer advisory committee.
(1) There is a fertilizer advisory committee.
(2) The committee is composed of seven members, appointed jointly by the director of the Montana agricultural experiment station and the director of the Montana cooperative extension service of Montana state university-Bozeman, as follows:
(a) five members involved in agriculture that includes the use of fertilizer in production; and
(b) two members from the fertilizer industry.
(3) The director of the department of agriculture shall serve as an ex officio member.
(4) The members shall serve staggered 5-year terms, except that members shall be initially appointed so that no more than two terms expire in any year.
History: En. Sec. 4, Ch. 397, L. 1971; Sec. 3-1732, R.C.M. 1947; amd. and redes. 82A-513 by Sec. 99, Ch. 218, L. 1974; R.C.M. 1947, 82A-513; amd. Sec. 1, Ch. 197, L. 1985; amd. sec. 36, Ch. 308, L. 1995.