Senate Bill No. 36

Introduced By lynch

By Request of the Code Commissioner

A Bill for an Act entitled: "An Act generally revising and clarifying the Montana Code Annotated; directing the code commissioner to clarify erroneous references contained in material enacted by the 55th legislature; amending sections 1-11-101, 2-1-212, 2-2-121, 2-2-136, 2-4-313, 2-4-622, 2-7-517, 2-8-113, 2-15-2204, 2-18-203, 2-18-301, 2-18-303, 2-18-304, 2-18-704, 2-18-1202, 3-2-405, 5-2-504, 5-4-307, 5-4-308, 5-5-214, 5-5-217, 5-11-203, 5-11-210, 5-11-212, 5-11-213, 5-17-205, 5-18-107, 5-22-101, 7-1-114, 7-2-2218, 7-2-2219, 7-4-2106, 7-4-2206, 7-6-2531, 7-7-4602, 7-13-4311, 7-14-4736, 7-16-2105, 7-16-4222, 7-32-2244, 7-34-2201, 10-2-416, 10-3-207, 10-3-501, 10-3-504, 10-4-101, 10-4-301, 13-13-276, 13-13-278, 13-25-106, 13-27-202, 13-37-106, 13-37-128, 13-37-130, 15-1-521, 15-1-704, 15-7-303, 15-8-104, 15-16-102, 15-16-119, 15-23-101, 15-23-703, 15-23-706, 15-23-707, 15-30-101, 15-30-111, 15-30-117, 15-30-121, 15-30-162, 15-30-201, 15-30-202, 15-31-102, 15-31-131, 15-32-102, 15-32-201, 15-32-403, 15-36-324, 15-36-325, 15-38-104, 15-38-106, 15-38-201, 15-38-202, 15-70-125, 15-70-235, 15-70-236, 16-1-106, 16-1-201, 16-1-202, 16-2-101, 16-2-103, 16-3-220, 16-6-106, 17-2-107, 17-3-221, 17-5-202, 17-6-103, 17-6-212, 17-7-502, 17-8-101, 18-1-103, 19-1-104, 19-1-402, 19-1-503, 19-3-1104, 19-3-1205, 19-9-411, 19-9-1101, 19-20-302, 19-50-102, 20-1-301, 20-7-504, 20-9-115, 20-9-341, 20-9-347, 20-9-466, 20-15-326, 20-15-404, 20-25-501, 22-1-412, 22-3-429, 22-3-603, 23-2-523, 23-2-536, 23-2-622, 23-2-717, 23-2-736, 23-5-406, 23-7-103, 23-7-211, 23-7-301, 25-10-206, 27-1-307, 27-1-718, 30-4-213, 30-10-103, 30-10-110, 32-1-381, 32-1-453, 32-1-1005, 32-3-803, 32-6-102, 33-2-523, 33-2-830, 33-4-511, 33-10-202, 33-16-1026, 33-16-1035, 33-17-603, 33-19-104, 33-22-703, 33-22-1108, 33-22-1521, 33-31-311, 35-1-933, 35-1-934, 35-1-1107, 37-25-305, 37-29-302, 37-29-305, 39-3-406, 39-8-207, 39-29-101, 39-51-307, 39-51-401, 39-51-402, 39-51-403, 39-51-404, 39-51-407, 39-51-501, 39-51-503, 39-51-1110, 39-51-1304, 39-51-2106, 39-51-2110, 39-51-2508, 39-51-2602, 39-51-3106, 39-71-431, 39-71-501, 39-71-517, 39-71-519, 39-71-703, 40-5-161, 40-5-164, 40-5-201, 40-5-701, 40-5-821, 41-1-402, 41-3-204, 41-4-102, 41-5-103, 41-5-1008, 45-2-311, 45-5-624, 45-8-317, 45-9-208, 45-10-108, 46-6-211, 46-14-101, 46-18-130, 46-18-801, 46-20-701, 46-24-212, 46-30-401, 50-4-504, 50-4-605, 50-5-101, 50-5-228, 50-5-1104, 50-31-103, 50-31-202, 50-31-203, 50-31-301, 50-31-306, 50-31-307, 50-31-311, 50-31-312, 50-53-201, 50-53-202, 50-53-203, 50-53-204, 50-53-206, 50-53-207, 50-53-211, 50-53-212, 50-53-216, 50-53-217, 50-53-218, 50-60-101, 52-2-523, 52-5-101, 52-5-108, 52-5-109, 52-5-112, 52-5-113, 53-1-104, 53-1-202, 53-6-110, 53-6-708, 53-7-101, 53-7-301, 53-19-102, 60-2-208, 60-11-121, 61-2-108, 61-3-446, 61-3-463, 61-3-502, 61-4-310, 61-5-121, 61-5-126, 61-8-356, 61-8-407, 61-8-422, 61-8-722, 61-12-201, 69-1-224, 69-12-314, 69-12-406, 72-16-331, 72-16-479, 72-17-213, 75-1-1101, 75-2-101, 75-3-103, 75-5-621, 75-5-1113, 75-6-205, 75-6-211, 75-10-707, 75-10-806, 75-11-313, 75-20-304, 76-2-202, 76-2-222, 76-2-302, 76-3-305, 76-3-511, 76-6-105, 76-14-113, 76-15-541, 76-15-543, 76-15-546, 77-1-804, 77-2-402, 77-2-403, 77-3-444, 77-6-202, 80-7-123, 80-8-111, 81-22-101, 82-4-232, 82-4-253, 82-4-254, 82-4-337, 82-4-360, 85-1-604, 85-2-701, 85-2-905, 85-3-211, 85-5-407, 85-5-408, 85-6-109, 85-7-1910, 85-7-2159, 87-2-803, 87-5-112, 90-2-1104, 90-2-1121, 90-4-1002, 90-6-127, 90-6-210, and 90-8-301, MCA; repealing sections 2-18-314, 2-89-201, 2-89-202, 2-89-205, 2-89-206, 2-89-208, 2-89-209, 3-5-516, 13-13-279, 15-6-212, 15-16-802, 15-16-803, 16-2-401, 16-2-402, 16-2-403, 16-2-404, 16-2-405, 16-2-406, 16-2-407, 16-2-408, 20-7-505, 39-7-601, 39-7-602, 39-7-603, 39-7-604, 39-7-605, 39-7-606, 61-1-122, 61-4-309, 70-1-311, 77-1-221, and 85-2-211, MCA; and providing effective dates."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 1-11-101, MCA, is amended to read:

"1-11-101.   Definitions. As used in this chapter, the following definitions apply:

(1)  "Code" or "codes" means the Montana Code Annotated, which is a reenactment of the Revised Codes of Montana, 1947, the pocket supplements thereto, and the replacement volumes as provided in 1-11-103.

(2)  "Recodify" means to compile, arrange, rearrange, and prepare for publication. It includes, without changing the meaning, effect, or intent of any law:

(a)  correcting or changing punctuation, capitalization, spelling, grammatical construction, and numbering as required by uniform literary and bill drafting practice;

(b)  substituting the appropriate new code division reference for reference to a section of, to a part of, or to an entire "act";

(c)  substituting calendar date for "effective date", "hereafter", and similar terms;

(d)  creating new titles, chapters, parts, sections, or other divisions of the code;

(e)  changing or inserting language made necessary because of rearrangement;

(f)  eliminating redundant words;

(g)  when given direction or authority by another statute, correcting inaccurate or obsolete references to:

(i)  titles of officers or agencies, such as those changed by executive reorganization statutes;

(ii) other code sections, such as those that have been repealed or repealed and replaced;

(h)  changing inaccurate terminology to comply with statutory definitions or short form amendments, such as those found in 1-1-202(7);

(i)  changing or creating section captions (catchlines) to clearly reflect the content of the section, unless the section captions are specifically and expressly adopted as part of the law by the legislature."

Section 2.  Section 2-1-212, MCA, is amended to read:

"2-1-212.   Acceptance of concurrent jurisdiction over veterans center. The state of Montana hereby accepts the cession of concurrent jurisdiction with the United States over the real property comprising the veterans center, Fort Harrison, Montana, as ceded by Public Law 91-45, 83 88 Stat. 48, which was approved July 19, 1969, and made effective upon acceptance of the cession by the state of Montana."

Section 3.  Section 2-2-121, MCA, is amended to read:

"2-2-121.   Rules of conduct for public officers and public employees. (1) Proof of commission of any act enumerated in subsection (2) is proof that the actor has breached a public duty.

(2)  A public officer or a public employee may not:

(a)  use public time, facilities, equipment, supplies, personnel, or funds for the officer's or employee's private business purposes;

(b)  engage in a substantial financial transaction for the officer's or employee's private business purposes with a person whom the officer or employee inspects or supervises in the course of official duties;

(c)  assist any person for a fee or other compensation in obtaining a contract, claim, license, or other economic benefit from the officer's or employee's agency;

(d)  assist any person for a contingent fee in obtaining a contract, claim, license, or other economic benefit from any agency;

(e)  perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which the officer or employee either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent; or

(f)  solicit or accept employment, or engage in negotiations or meetings to consider employment, with a person whom the officer or employee regulates in the course of official duties without first giving written notification to the officer's or employee's supervisor and department director.

(3)   A public officer or public employee may not use public time, facilities, equipment, supplies, personnel, or funds for any campaign activity persuading or affecting a political decision unless the use is:

(a)  authorized by law; or

(b)  properly incidental to another activity required or authorized by law, such as the function of an elected public official, the official's staff, or the legislative staff in the normal course of duties.

(4)   A state employee may not participate in a proceeding when an organization of which the employee is an officer or director is:

(a)  involved in a proceeding before the employing state agency that is within the scope of the employee's job duties; or

(b)  attempting to influence a local, state, or federal proceeding in which the employee represents the state.

(5)  A state officer or state employee may not engage in any activity, including lobbying, as defined in 5-7-102, on behalf of an organization of which the officer or employee is a member while performing the officer's or employee's job duties. The provisions of this subsection do not prohibit an officer or employee from performing charitable fundraising activities if approved by the employee's supervisor or authorized by law.

(6)  A department head or a member of a quasi-judicial or rulemaking board may perform an official act notwithstanding the provisions of subsection (2)(e) if participation is necessary to the administration of a statute and if the person complies with the disclosure procedures under 2-2-131.

(7)  Subsection (2)(d) does not apply to a member of a board, commission, council, or committee unless the member is also a full-time public employee.

(8)  A person who purposely or knowingly violates this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $50 or more than $1,000, by imprisonment in the county jail for not more than 6 months, or by both. A civil proceeding under 2-2-136 or 2-2-144 does not preclude an action under this subsection."

Section 4.  Section 2-2-136, MCA, is amended to read:

"2-2-136.   Enforcement for state officers, legislators, and state employees. (1) (a) A person alleging a violation of this part by a state officer, legislator, or state employee may file a complaint with the commissioner of political practices. The commissioner does not have jurisdiction for a complaint concerning a legislator if a legislative act is involved in the complaint. The commissioner shall request any information necessary to make a determination from the complainant or the person who is the subject of the complaint and may issue subpoenas.

(b)  Unless the complaint is referred to the county attorney under subsection (1)(c), the commissioner shall hold an informal contested case hearing on the complaint as provided in Title 2, chapter 4, part 6. The commissioner shall issue a decision based upon the record established before the commissioner.

(c)  If it appears to the commissioner that a complaint alleges criminal conduct, the commissioner shall stay the proceedings under this section and refer the matter to the appropriate county attorney.

(2)  If the commissioner determines that a violation of this part has occurred, the commissioner may impose an administrative penalty of not less than $50 or more than $1,000, and if the violation was committed by a state employee, the commissioner may also recommend that the employing state agency discipline the employee. The commissioner may assess the costs of the proceeding against the person bringing the charges if the commissioner determines that a violation did not occur or against the officer or employee if the commissioner determines that a violation did occur.

(3)  The decision of the commissioner may be appealed to the ethics commission as provided in 2-2-137.

(4)  Except for records made public in the course of a hearing, a complaint and records obtained or prepared by the commissioner in connection with an investigation or complaint are not open for public inspection. The commissioner's decision issued after a hearing is a public record open to inspection.

(5)  The commissioner may adopt rules to carry out the responsibilities and duties assigned by this part."

Section 5.  Section 2-4-313, MCA, is amended to read:

"2-4-313.   Distribution, costs, and maintenance. (1) The secretary of state shall distribute copies of ARM and supplements or revisions to ARM to the following:

(a)  attorney general, one copy;

(b)  clerk of United States district court for the district of Montana, one copy;

(c)  clerk of United States court of appeals for the ninth circuit, one copy;

(d)  county commissioners or governing body of each county of this state, for use of county officials and the public, at least one but not more than two copies, which may be maintained in a public library in the county seat or in the county offices as the county commissioners or governing body of the county may determine;

(e)  state law library, one copy;

(f)  state historical society, one copy;

(g)  each unit of the Montana university system, one copy;

(h)  law library of the university of Montana-Missoula, one copy;

(i)  legislative council services division, two copies;

(j)  library of congress, one copy;

(k)  state library, one copy.

(2)  The secretary of state, each county in the state, and the librarians for the state law library and the university of Montana-Missoula law library shall maintain a complete, current set of ARM, including supplements or revisions to ARM. The designated persons shall also maintain the register issues published during the preceding 2 years. The secretary of state shall maintain a permanent set of the registers.

(3)  The secretary of state shall make copies of and subscriptions to ARM and supplements or revisions to ARM and the register available to any person at prices fixed in accordance with subsection (4).

(4)  The secretary of state, in consultation with the administrative code committee, shall determine the cost of supplying copies of ARM and supplements or revisions to ARM and the register to persons not listed in subsection (1). The cost must be the approximate cost of publication of the copies, including indexing, printing or duplicating, and mailing. However, a uniform price per page or group of pages may be established without regard to differences in cost of printing different parts of ARM and supplements or revisions to ARM and the register. Fees are not refundable.

(5)  The secretary of state shall deposit all fees in a proprietary fund.

(6)  The secretary of state may charge agencies a filing fee for all material to be published in ARM or the register. The secretary of state shall fix, in consultation with the administrative code committee, the fee to cover the costs of supplying copies of ARM and supplements or revisions to ARM and the register to the persons listed in subsection (1). The cost must be the approximate cost of publication of the copies, including indexing, printing or duplicating, and mailing. However, a uniform price per page or group of pages may be established without regard to differences in cost of printing different parts of ARM and supplements or revisions to ARM and the register."

Section 6.  Section 2-4-622, MCA, is amended to read:

"2-4-622.   When hearings officer unavailable for decision. (1) If the person who conducted the hearing becomes unavailable to the agency, proposed findings of fact may be prepared by a person who has read the record only if the demeanor of witnesses is considered immaterial by all parties.

(2)  The parties may waive compliance with 2-4-621 and 2-4-622 this section by written stipulation."

Section 7.  Section 2-7-517, MCA, is amended to read:

"2-7-517.   Penalty. (1) When a local government entity has failed to file a report as required by 2-7-503(1), unless an extension has been granted by the department for good cause shown, or to make the payment required by 2-7-514(2) within 60 days, the department may issue an order stopping payment of any state financial assistance to the local government entity or may charge a late payment penalty as adopted by rule. Upon receipt of the report or payment of the filing fee, all financial assistance that was withheld under this section must be released and paid to the local government entity.

(2)  When a local government entity has failed to make payment as required by 2-7-516(1) within 60 days of receiving a bill for an audit, the department may issue an order stopping payment of any state financial aid to the local government entity. Upon payment for the audit, all financial aid that was withheld because of failure to make payment must be released and paid to the local government entity."

Section 8.  Section 2-8-113, MCA, is amended to read:

"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, the public testimony responsive to the questions set forth in subsection (2) of 2-8-112, and other matters considered relevant by the committee."

Section 9.  Section 2-15-2204, MCA, is amended to read:

"2-15-2204.   Developmental disabilities planning and advisory council. (1) The governor shall appoint a developmental disabilities planning and advisory council in accordance with the provisions of this section.

(2)  The council is composed of at least 23 but no more than 25 members and consists of the following:

(a)  a representative of the program of services provided under the authority of the Rehabilitation Act of 1973, 29 U.S.C. 701, et seq.;

(b)  a representative of the program of services provided under the authority of the Older Americans Act of 1965, 42 U.S.C. 3001, et seq.;

(c)  a representative of the program of services for persons with developmental disabilities provided under the authority of Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq.;

(d)  a representative of the program of services provided under the authority of the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.;

(e)  two recognized professionals, one each in the disciplines of medicine and law;

(f)  one member of the state senate;

(g)  one member of the state house of representatives;

(h)  seven persons, each of whom has a developmental disability or who is an immediate family member or guardian of a person with a developmental disability;

(i)  one member of each of the five regional councils provided for in 53-20-207, each of whom has a developmental disability or who is an immediate family member or guardian of a person with a developmental disability;

(j)  the director of the university-affiliated or satellite program on developmental disabilities, created pursuant to 42 U.S.C. 6031 6061, or a designee of the director;

(k)  the director of the state protection and advocacy system, created pursuant to 42 U.S.C. 6012 6041, or a designee of the director; and

(l)  a representative of a statewide developmental disabilities service provider organization whose member agencies provide direct services to persons with developmental disabilities.

(3)  (a) Each member who serves on the council pursuant to subsection (2)(a), (2)(b), (2)(c), or (2)(d) shall serve for a term concurrent with the respective term of the director of the agency that administers the program that the member represents. Upon the removal of an agency director from office, the representative's term as a member of the council is automatically terminated.

(b)  Each member who serves on the council pursuant to subsection (2)(f) or (2)(g) must be appointed or reappointed annually by the governor.

(c)  Eight of the members serving on the council pursuant to subsection (2)(e), (2)(h), (2)(i), (2)(l), or (3)(d) must be appointed by the governor to serve for terms concurrent with the gubernatorial term and until their successors are appointed. The remaining members serving on the council pursuant to subsection (2)(e), (2)(h), (2)(i), (2)(l), or (3)(d) must be appointed by the governor to serve for terms ending on January 1 of the third year of the succeeding gubernatorial term and until their successors are appointed.

(d)  Representatives named to the council pursuant to this section, in addition to fulfilling the requirements listed in subsections (2)(a) through (2)(l), may also be selected to represent the following areas: psychology, social work, special education, and minority groups, including Native Americans with developmental disabilities. A minimum of one member of the council must represent each of these areas. In the event that the persons listed in subsections (2)(a) through (2)(l) do not represent all of the areas of psychology, social work, special education, and minority groups, including Native Americans with developmental disabilities, up to two representatives may be added to the membership of the council to represent not more than two of these groups.

(4)  The council is allocated to the department for administrative purposes only and, unless inconsistent with the provisions of 53-20-206 and this section, the provisions of 2-15-121 apply."

Section 10.  Section 2-18-203, MCA, is amended to read:

"2-18-203.   Review of positions -- change in classification. (1) The department shall continuously review all positions on a regular basis and adjust classifications to reflect significant changes in duties and responsibilities. In the event that adjustments are to be made to class specifications, class series benchmarks, or criteria used for allocating positions to classes affecting employees within a bargaining unit, the department shall consult with the representative of the bargaining unit prior to implementation of the adjustments, except for blue-collar, and teachers', and liquor store clerks' classification plans, which plans must remain mandatory negotiable items under Title 39, chapter 31.

(2)  Employees and employee organizations must be given the opportunity to appeal the allocation or reallocation of a position to a class. The grade assigned to a class and factors assigned to class series benchmarks are not appealable subjects under 2-18-1011 through 2-18-1013.

(3)  The period of time for which retroactive pay for a classification appeal may be awarded under 2-18-1011 through 2-18-1013 or under parts 1 through 3 of this chapter may not extend beyond 30 days prior to the date on which the appeal was filed."

Section 11.  Section 2-18-301, MCA, is amended to read:

"2-18-301.   Purpose and intent of part -- rules. (1) The purpose of this part is to provide the market-based compensation necessary to attract and retain competent and qualified employees in order to perform the services that the state is required to provide to its citizens.

(2)  It is the intent of the legislature that compensation plans for state employees, excluding those employees excepted under 2-18-103 or 2-18-104 and excluding employees compensated under 2-18-313 through and 2-18-315, be based on an analysis of the labor market as provided by the department in a salary survey. The salary survey must be submitted to the office of budget and program planning as a part of the information required by 17-7-111.

(3)  Except as provided in 2-18-110, pay adjustments and pay schedules provided for in 2-18-303 and in 2-18-312, 2-18-313, and through 2-18-315 supersede any other plan or systems established through collective bargaining after the adjournment of the 54th legislature.

(4)  Pay levels provided for in 2-18-312, 2-18-313, and through 2-18-315 may not be increased through collective bargaining after adjournment of the 54th legislature.

(5)  Total funds required to implement the pay schedules provided for in 2-18-312, 2-18-313, and through 2-18-315 for any employee group or bargaining unit may not be increased through collective bargaining over the amount appropriated by the 54th legislature.

(6)  The department shall administer the pay program established by the legislature on the basis of merit, internal equity, and competitiveness to external labor markets when fiscally able.

(7)  The department may promulgate rules not inconsistent with the provisions of this part, collective bargaining statutes, or negotiated contracts to carry out the purposes of this part."

Section 12.  Section 2-18-303, MCA, is amended to read:

"2-18-303.   Procedures for using pay schedules. (1) The pay schedules provided in 2-18-312 must be implemented as follows:

(a)  The pay schedules provided in 2-18-312 indicate the entry salary and market salary for each grade for positions classified under the provisions of part 2 of this chapter.

(b)  Each employee newly hired by the state of Montana must be hired at the entry rate, except as provided in subsections (7) and (8).

(c)  On the first day of the first complete pay period in fiscal year 1996, each employee hired before July 1, 1995, is entitled to the amount of the employee's base salary as it was on June 30, 1995, plus, on the employee's anniversary date that occurs on or after September 30, 1995, the increases provided in subsection (1)(d), if applicable.

(d)(c)  (i) Effective on the first day of the pay period that includes an employee's anniversary date during the fiscal years year ending June 30, 1996, and June 30, 1997, an employee's market ratio must be compared to the target market ratio in the matrix in subsection (1)(d)(ii) (1)(c)(ii) that corresponds to the employee's grade level and completed years of uninterrupted state service. For employees hired on or before September 30, 1994, the anniversary date is October 1.

(ii) As provided in subsection (1)(d)(i) (1)(c)(i), the following matrix must be used to compare an employee's market ratio to the target market ratio that corresponds to the employee's grade level and completed years of uninterrupted state service:

TARGET MARKET RATIOS

Grade Years

0 1 2 3 4 5 6 7 8 9 10

4 0.844 0.874 0.904 0.935 0.967 0.999 1.000 1.000 1.000 1.000 1.000

5 0.842 0.871 0.900 0.930 0.961 0.992 1.000 1.000 1.000 1.000 1.000

6 0.840 0.868 0.896 0.925 0.955 0.985 1.000 1.000 1.000 1.000 1.000

7 0.838 0.865 0.892 0.920 0.949 0.978 1.000 1.000 1.000 1.000 1.000

8 0.836 0.862 0.889 0.916 0.944 0.972 1.000 1.000 1.000 1.000 1.000

9 0.834 0.859 0.885 0.911 0.938 0.965 0.993 1.000 1.000 1.000 1.000

10 0.832 0.857 0.882 0.908 0.934 0.961 0.988 1.000 1.000 1.000 1.000

11 0.830 0.854 0.878 0.903 0.928 0.954 0.980 1.000 1.000 1.000 1.000

12 0.828 0.851 0.875 0.899 0.924 0.949 0.975 1.000 1.000 1.000 1.000

13 0.826 0.849 0.872 0.896 0.920 0.945 0.970 0.996 1.000 1.000 1.000

14 0.824 0.846 0.869 0.892 0.915 0.939 0.963 0.988 1.000 1.000 1.000

15 0.822 0.844 0.866 0.888 0.911 0.934 0.958 0.982 1.000 1.000 1.000

16 0.820 0.841 0.863 0.885 0.907 0.930 0.953 0.977 1.000 1.000 1.000

17 0.818 0.839 0.860 0.882 0.904 0.926 0.949 0.972 0.996 1.000 1.000

18 0.816 0.836 0.857 0.878 0.899 0.921 0.943 0.966 0.989 1.000 1.000

19 0.814 0.834 0.854 0.875 0.896 0.917 0.939 0.961 0.984 1.000 1.000

20 0.812 0.831 0.851 0.871 0.892 0.913 0.935 0.957 0.979 1.000 1.000

21 0.810 0.829 0.849 0.869 0.889 0.910 0.931 0.953 0.975 0.997 1.000

22 0.808 0.827 0.846 0.866 0.886 0.906 0.927 0.948 0.970 0.992 1.000

23 0.806 0.825 0.844 0.863 0.883 0.903 0.923 0.944 0.965 0.987 1.000

24 0.804 0.822 0.841 0.860 0.879 0.899 0.919 0.940 0.961 0.982 1.000

25 0.802 0.820 0.838 0.857 0.876 0.895 0.915 0.935 0.956 0.977 0.999

(iii) If, on the first day of the pay period that includes an employee's anniversary date during the fiscal year ending June 30, 1996, the employee's market ratio is less than the target market ratio that corresponds to the employee's grade level and completed years of uninterrupted state service, the employee's base salary must be increased to the lesser of:

(A)  the market salary for the employee's grade multiplied by the target ratio that corresponds to the employee's grade level and completed years of uninterrupted state service; or

(B)  the employee's base salary as it was on the last day of the pay period immediately preceding the pay period that includes October 1, 1995, plus 5%.

(iv)(iii) If, on the first day of the pay period that includes an employee's anniversary date during the fiscal year ending June 30, 1997, the employee's market ratio is less than the target market ratio that corresponds to the employee's grade level and completed years of uninterrupted state service, the employee's base salary must be increased to the lesser of:

(A)  the market salary for the employee's grade multiplied by the target ratio that corresponds to the employee's grade level and completed years of uninterrupted state service; or

(B)  the employee's base salary as it was on the last day of the pay period immediately preceding the pay period that includes October 1, 1996, plus 6%.

(e)(d)  An employee's base salary may be no less than the entry salary for the employee's assigned grade.

(f)(e)  An employee's base salary may not exceed the maximum salary for the employee's grade. The salary of an employee may not be reduced because of this provision.

(g)(f)  The maximum salary for each grade is determined by subtracting the entry salary from the market salary and adding that amount to the market salary.

(h)(g)  An employee's market ratio, as it was on the last day of the pay period immediately preceding the pay period that includes October 1, 1996, may not be reduced as a result of the adjustment of the pay ranges provided in 2-18-312(2).

(2)  The pay schedules provided in 2-18-312 and the provisions of subsection (1) of this section do not apply to those teachers, liquor store occupations, or blue-collar occupations compensated under the pay schedules provided in 2-18-313 through and 2-18-315.

(3)  The pay schedules provided in 2-18-313 through and 2-18-315 must be implemented as follows:

(a)  (i) The pay schedules provided for in 2-18-313 indicate the annual compensation for teachers employed under the authority of the department of corrections or the department of public health and human services for fiscal years 1996 and year 1997.

(ii) The compensation of each teacher on July 1, 1995, is the same as it was on June 30, 1995.

(iii)(ii) On the first day of the first pay period that includes October 1 of each fiscal year, a teacher employed under the authority of the department of public health and human services prior to October 1, 1994, shall advance one step on the appropriate pay schedule adopted in 2-18-313. A teacher hired after October 1, 1994, shall advance on the teacher's actual anniversary date.

(iv)(iii) On the first day of the first full pay period during the month that includes the teacher's anniversary date, a teacher employed under the authority of the department of corrections shall advance one step on the appropriate pay schedule adopted in 2-18-313.

(v)(iv)  On the first day of the first pay period that includes October 1 of each fiscal year, a teacher employed by the Montana school for the deaf and blind shall advance one step on the teacher pay matrix used by the school.

(b)  (i) The pay schedules provided in 2-18-314 indicate the maximum hourly compensation for fiscal years ending June 30, 1996, and June 30, 1997, for those employees in liquor store occupations who have collectively bargained separate classification and pay plans.

(ii) The compensation of each employee on the first day of the first pay period in fiscal year 1996 or 1997 is that amount corresponding to the grade occupied on the last day of the preceding fiscal year.

(c)(b)  (i) The pay schedules provided in 2-18-315 indicate the maximum hourly compensation for fiscal years ending June 30, 1996, and June 30, 1997, for employees in apprentice trades and crafts and other blue-collar occupations recognized in the state blue-collar classification plan who are members of units that have collectively bargained separate classification and pay plans.

(ii) The compensation of each employee on the first day of the first pay period in fiscal year 1996 or 1997 is that amount corresponding to the grade occupied on the last day of the preceding fiscal year.

(4)  (a) (i) A member of a bargaining unit may not receive a pay increase until the employer's collective bargaining representative receives written notice that the employee's bargaining unit has ratified a completely integrated collective bargaining agreement covering the biennium ending June 30, 1997.

(ii) If ratification of a completely integrated collective bargaining agreement, as required by subsection (4)(a)(i), is not completed by July 1, 1995, retroactivity to that date may be negotiated.

(iii) If ratification of a completely integrated collective bargaining agreement, as required by subsection (4)(a)(i), is not completed by July 1, 1995, members of the bargaining unit must continue to receive the compensation that they were receiving as of June 30, 1995, until an agreement is ratified.

(b)  Methods of administration not inconsistent with the purpose of this part and necessary to properly implement the pay schedules and adjustments provided in 2-18-312, 2-18-313, through 2-18-315, and this section may be provided for in collective bargaining agreements.

(5)  The current wage or salary of an employee may not be reduced by the implementation of the pay schedules provided for in 2-18-312, 2-18-313, and through 2-18-315.

(6)  The department may authorize a separate pay schedule for medical doctors if the rates provided in 2-18-312 are not sufficient to attract and retain fully licensed and qualified physicians at the state institutions.

(7)  The department may develop programs that enable the department to mitigate problems associated with difficult recruitment, retention, transfer, or other exceptional circumstances. Insofar as To the extent that the program may apply applies to employees within a collective bargaining unit, it is a negotiable subject under 39-31-305.

(8)  The department shall review the competitiveness of the compensation provided to all occupations under this part. If the department finds that substantial problems exist with recruitment and retention because of inadequate salaries when compared to competing employers, the department may establish criteria allowing an adjustment in pay or classification to mitigate the problems. Insofar as To the extent that these adjustments may apply to employees within a collective bargaining unit, the implementation of these adjustments is a negotiable subject under 39-31-305."

Section 13.  Section 2-18-304, MCA, is amended to read:

"2-18-304.   Longevity allowance. (1) (a) (i) Effective July 1, 1995, through the last day of the pay period immediately preceding the pay period that includes October 1, 1995, in addition to the compensation provided for in 2-18-303, 2-18-312, 2-18-313, 2-18-314, or 2-18-315, each employee who has completed 5 years of uninterrupted state service must receive 9/10 of 1% of the employee's base salary multiplied by the number of completed, contiguous 5-year periods of uninterrupted state service.

(ii) Effective on the first day of the pay period that includes October 1, 1995, in addition to the compensation provided for in 2-18-303, 2-18-312, 2-18-313, 2-18-314, or 2-18-315, each employee who has completed 5 years of uninterrupted state service must receive 1.5% of the employee's base salary multiplied by the number of completed, contiguous 5-year periods of uninterrupted state service.

(b)  Service to the state is not interrupted by authorized leaves of absence.

(2)  (a) For the purpose of determining years of service under this section, an employee must be credited with 1 year of service for each period of:

(i)  2,080 hours of service following the employee's date of employment; an employee must be credited with 80 hours of service for each biweekly pay period in which the employee is in a pay status or on an authorized leave of absence without pay, regardless of the number of hours of service in the pay period; or

(ii) 12 uninterrupted calendar months following the employee's date of employment in which the employee was in a pay status or on an authorized leave of absence without pay, regardless of the number of hours of service in any month. An employee of a school at a state institution or the university system must be credited with 1 year of service if the employee is employed for an entire academic year.

(b)  State agencies, other than the university system and a school at a state institution, shall use the method provided in subsection (2)(a)(i) to calculate years of service under this section."

Section 14.  Section 2-18-704, MCA, is amended to read:

"2-18-704.   Mandatory provisions. (1) An insurance contract or plan issued under this part must contain provisions that permit:

(a)  the member of a group who retires from active service under the appropriate retirement provisions provided by law to remain a member of the group until the member becomes eligible for medicare under the federal Health Insurance for the Aged Act, 42 U.S.C. 1395, as amended, unless the member is a participant in another group plan with substantially the same or greater benefits at an equivalent cost or unless the member is employed and, by virtue of that employment, is eligible to participate in another group plan with substantially the same or greater benefits at an equivalent cost;

(b)  the surviving spouse of a member to remain a member of the group as long as the spouse is eligible for retirement benefits accrued by the deceased member as provided by law unless the spouse is eligible for medicare under the federal Health Insurance for the Aged Act or unless the spouse has or is eligible for equivalent insurance coverage as provided in subsection (1)(a);

(c)  the surviving children of a member to remain members of the group as long as they are eligible for retirement benefits accrued by the deceased member as provided by law unless they have equivalent coverage as provided in subsection (1)(a) or are eligible for insurance coverage by virtue of the employment of a surviving parent or legal guardian.

(2)  An insurance contract or plan issued under this part must contain the provisions of subsection (1) for remaining a member of the group and also must permit:

(a)  the spouse of a retired member the same rights as a surviving spouse under subsection (1)(b);

(b)  the spouse of a retiring member to convert a group policy as provided in 33-22-508; and

(c)  continued membership in the group by anyone eligible under the provisions of this section, notwithstanding the person's eligibility for medicare under the federal Health Insurance for the Aged Act.

(3)  (a) A state insurance contract or plan must contain provisions that permit a legislator to remain a member of the state's group plan until the legislator becomes eligible for medicare under the federal Health Insurance for the Aged Act, 42 U.S.C. 1395, as amended, if the legislator:

(i)  terminates service in the legislature and is a vested member of a state retirement system provided by law; and

(ii) notifies the department of administration in writing within 90 days of the end of the legislator's legislative term.

(b)  A former legislator may not remain a member of the group plan under the provisions of subsection (3)(a) if the person:

(i)  is a member of a plan with substantially the same or greater benefits at an equivalent cost; or

(ii) is employed and, by virtue of that employment, is eligible to participate in another group plan with substantially the same or greater benefits at an equivalent cost.

(c)  A legislator who remains a member of the group under the provisions of subsection (3)(a) and subsequently terminates membership may not rejoin the group unless the person again serves as a legislator.

(4)  A person electing to remain a member of the group under subsection (1), (2), or (3) shall pay the full premium for coverage and for that of the person's covered dependents.

(5)  An insurance contract or plan issued under this part that provides for the dispensing of prescription drugs by an out-of-state mail service pharmacy, as defined in 37-7-702:

(a)  must permit any member of a group to obtain prescription drugs from a pharmacy located in Montana that is willing to match the price charged to the group or plan and to meet all terms and conditions, including the same professional requirements that are met by the mail service pharmacy for a drug, without financial penalty to the member; and

(b)  may only be with an out-of-state mail service pharmacy that is registered with the board under Title 37, chapter 7, part 7, and that is registered in this state as a foreign corporation."

Section 15.  Section 2-18-1202, MCA, is amended to read:

"2-18-1202.   Definitions. As used in this part, the following definitions apply:

(1)  "Agency" has the meaning provided in 2-18-101 but does not include the Montana university system.

(2)  "Employee" means a person employed by the state who has achieved permanent status, as defined in 2-18-101, or officers and employees of the legislative branch and teachers under the authority of the department of corrections or department of public health and human services who have been employed for at least 6 continuous months and who have waived benefits under the provisions of 2-18-319 and 2-18-320.

(3)  "Privatization" means contracting with the private sector to provide a service normally or traditionally provided directly by an employee of an agency."

Section 16.  Section 3-2-405, MCA, is amended to read:

"3-2-405.   Settlements and accounts to state auditor treasurer. (1) The clerk is responsible for and must shall account for and, in his settlement with to the state auditor, treasurer for must be charged with the full amount of all fees collected or chargeable and accruing in causes brought into the court for services rendered therein in the court up to the time of each settlement. The settlement must take place quarterly, and immediately thereafter after the settlement, the clerk must shall pay the amount found due into the treasury or to the public employees' retirement division, as provided in 3-2-404.

(2)  He must also at At the end of each quarter the clerk shall render to the state auditor treasurer, in such the form as that officer prescribes, an account in detail and under oath of all fees chargeable and accruing in causes brought into court and not included in his the clerk's previous accounts.

(3)  His The clerk's salary may not be allowed or paid until all fees so accruing for which he the clerk is chargeable have been accounted for and paid over."

Section 17.  Section 5-2-504, MCA, is amended to read:

"5-2-504.   Legislative branch consolidated. The following legislative branch entities are consolidated with the legislative council, as provided in 5-2-503 and this section, with the legislative council established by 5-11-101:

(1)  the senate and the house of representatives provided for in Article V, section 1, of the Montana constitution;

(2)  the legislative council established by 5-11-101;

(3)(2)  the legislative services division established by 5-11-111;

(4)(3)  the legislative finance committee established by 5-12-201;

(5)(4)  the legislative fiscal division established by 5-12-301;

(6)(5)  the legislative audit committee established by 5-13-201;

(7)(6)  the legislative audit division established by 5-13-301;

(8)(7)  the administrative code committee established by Title 5, chapter 14, part 1;

(9)(8)  the environmental quality council established by 5-16-101;

(10)(9) the revenue oversight committee established by 5-18-102; and

(11)(10) the committee on Indian affairs established by 5-19-102."

Section 18.  Section 5-4-307, MCA, is amended to read:

"5-4-307.   Bills remaining with the governor. (1) A bill which that has passed both houses of the legislature and has not been returned by the governor within 5 days after its delivery to him if the legislature is in session or within 25 days if the legislature is adjourned 10 days after its delivery to the governor becomes law.

(2)  The governor shall deliver the bill to the secretary of state and direct him the secretary of state to authenticate it by a certificate endorsed on or attached thereon to the bill. The form of the certificate shall must be: "This bill having remained with the governor 5 10 days, and the legislature being in session, it has become a law this .... day of ...., ....". or "This bill having remained with the governor 25 days, and the legislature being adjourned, it has become a law this .... day of ...., ....". The certificate shall must be signed by the secretary of state and deposited with the laws in his the secretary of state's office."

Section 19.  Section 5-4-308, MCA, is amended to read:

"5-4-308.   Transmittal of veto messages to legislative council services division. The governor shall transmit one copy of each veto message to the legislative council services division."

Section 20.  Section 5-5-214, MCA, is amended to read:

"5-5-214.   Interim activity. The subcommittees may perform their functions when the legislature is not in session. The personnel, data, and facilities of the legislative council services division shall must be made available to such the subcommittees."

Section 21.  Section 5-5-217, MCA, is amended to read:

"5-5-217.   Selection and assignment of interim studies. (1) Immediately following adjournment sine die, the legislative council services division shall prepare a list of study requests adopted. A copy of the list shall must be distributed to each legislator with a request that the legislator rank the study requests in the order of importance he that the legislator ascribes to them. The lists, with the priorities assigned, shall must be returned to the legislative council services division.

(2)  The legislative council shall review the priority lists returned by legislators, review estimated costs and staff assistance associated with the requested studies, and designate those studies to be assigned. In designating studies, the legislative council may combine requests as one study when the subject matter of those requests is closely related. The legislative council shall group related studies together and shall designate the number of subcommittees to be assigned studies.

(3)  The legislative council services division shall inform the committee on committees and speaker of the house of those studies that have been selected and to which joint subcommittee each study has been assigned. The committee on committees and speaker shall then proceed under 5-5-211 to appoint the subcommittees."

Section 22.  Section 5-11-203, MCA, is amended to read:

"5-11-203.   Distribution of session laws -- inspection of journals. (1) Immediately after the session laws are published, the legislative services division shall distribute them.

(2)  The legislative services division shall make the house and senate journals available for inspection or copying by the public as provided in Title 2, chapter 6, part 1. The legislative services division may publish the journals in an electronic format.

(3)  The following entities may receive the number of copies of session laws listed at no cost:

(a)  to the library of congress, eight copies;

(b)  to the state library, two copies;

(c)  to the state historical library, two copies;

(d)  to the state law librarian, four copies for the use of the library and additional copies as may be required for exchange with libraries and institutions maintained by other states and territories and public libraries;

(e)  to the library of each custodial institution, one copy;

(f)  to each Montana member of congress, each United States district judge in Montana, each of the judges of the state supreme and district courts, and each of the state officers as defined in 2-2-102(8), one copy;

(g)  to any agency, board, commission, or office of the state, other than a state officer, and to any other subdivision of the state upon request and approval by the legislative council, one copy;

(h)  to each member of the legislature, the secretary of the senate, and the chief clerk of the house of representatives from the session at which the laws were adopted, one copy;

(i)  to each of the community college districts of the state, as defined in 20-15-101, and each unit of the Montana university system, one copy;

(j)  to each county clerk, one copy for the use of the county; and

(k)  to each county attorney and to each clerk of a district court, one copy."

Section 23.  Section 5-11-210, MCA, is amended to read:

"5-11-210.   Clearinghouse for reports to legislature. (1) For the purposes of this section, "report" means a report required by law to be given to or filed with the legislature.

(2)  On or before September 1 of each year preceding the convening of a regular session of the legislature, an entity required to report to the legislature shall provide, in writing, to the executive director of the legislative council services division:

(a)  the final title of the report;

(b)  an abstract or description of the contents of the report, not to exceed 100 words;

(c)  a recommendation on how many copies of the report should be provided to the legislature;

(d)  the reasons why the number of copies recommended is, in the opinion of the reporting entity, the appropriate number of copies; and

(e)  an estimated cost for each copy of the report.

(3)  After considering all of the information available about the report, including the number of legislators requesting copies of the report pursuant to subsection (7), the legislative council or the executive director shall, in writing, direct the reporting entity to provide a specific number of copies. The number of copies required is at the sole discretion of the legislative council. The legislative council or the executive director may require the reporting entity to mail the copies of the report.

(4)  The legislative council may require that the report be submitted in an electronic format usable on the legislature's current computer hardware, in a microform, such as microfilm or microfiche, or in a CD-ROM format, meaning compact disc read-only memory.

(5)  Costs of preparing and distributing a report to the legislature, including writing, printing, postage, distribution, and all other costs, accrue to the reporting agency. Costs incurred in meeting the requirements of this section may not accrue to the legislative council services division.

(6)  The executive director of the legislative council services division shall cause to be prepared a list of all reports required to be presented to the legislature from the list of titles received under subsection (2).

(7)  The executive director shall, as soon as possible following a general election, mail to each holdover senator, senator-elect, and representative-elect a list of the titles of the reports, along with the abstracts prepared pursuant to subsection (2)(b). The list must include a form on which each member or member-elect receiving the list may indicate the report or reports that the member or member-elect would like to receive.

(8)  The executive director of the legislative council services division shall make copies of reports requested pursuant to subsection (7) available to those members or members-elect by either requiring that copies be mailed pursuant to subsection (3) or by delivering copies of the reports during the first week of the legislative session.

(9)  The executive director of the legislative council services division may keep as many copies of a report as are necessary and discard the rest.

(10) The procedure outlined in this section may also be used for a report required to be made to the legislature under the Multistate Tax Compact contained in 15-1-601, the Vehicle Equipment Safety Compact contained in 61-2-201, the Multistate Highway Transportation Agreement contained in 61-10-1101, or the Western Interstate Nuclear Compact contained in 90-5-201."

Section 24.  Section 5-11-212, MCA, is amended to read:

"5-11-212.   Fees for proceedings. (1) A complete set of the proceedings of a regular or special session of the legislature may be purchased from the legislative council services division for the amount prescribed by the legislative council. Upon receipt of payment, the executive director of the council legislative services division shall supply the purchaser with a complete set of the proceedings.

(2)  A purchaser who requests that a set of the proceedings be mailed shall pay an additional fee as prescribed by the council for each complete set that is mailed.

(3)  Single copies of bills, resolutions, or amendments thereto to bills or resolutions may be purchased from the legislative council services division for a price varying with the length of the document as prescribed by the legislative council.

(4)  Single copies of status sheets or status of proceedings may be purchased from the legislative council services division for a price per copy as prescribed by the legislative council. A person may subscribe to receive daily copies of the status sheets or status of proceedings by mail for a fee set by the legislative council to cover the costs of the service.

(5)  The executive director of the legislative council services division shall account for all funds collected under this section and shall transmit the funds to the treasurer of the state of Montana, who shall credit them to the general fund."

Section 25.  Section 5-11-213, MCA, is amended to read:

"5-11-213.   Exclusions. Each general circulation newspaper published in Montana and each radio or television station broadcasting in Montana that has registered with the executive director of the legislative council services division is exempt from 5-11-212 and shall receive one complete set of the legislative proceedings of the legislature for the ensuing biennium without charge."

Section 26.  Section 5-17-205, MCA, is amended to read:

"5-17-205.   Commission activities -- authority. The commission may:

(1)  raise money from the private sector for the ongoing historical restoration and preservation of the capitol; and

(2)  suggest capitol improvements, except changes in the location of the Montana senate chambers; and

(3)  plan for the capitol centennial event."

Section 27.  Section 5-18-107, MCA, is amended to read:

"5-18-107.   Powers and duties of committee -- duty to review revenue rules -- legislative oversight of department of revenue -- committee reports -- revenue estimating and use of estimates -- coal tax oversight. (1) The committee shall review all proposed rules of the department of revenue filed with the secretary of state.

(2)  The committee may:

(a)  request and obtain the department's rulemaking records for the purpose of reviewing compliance with 2-4-305;

(b)  prepare written recommendations for the adoption, amendment, or rejection of a rule and submit the recommendations to the department;

(c)  submit oral or written testimony at a rulemaking hearing;

(d)  require the department to appear before the committee and respond to the committee's recommendations for the adoption, amendment, or rejection of a rule;

(e)  require that a rulemaking hearing be held in accordance with the provisions of 2-4-302 through 2-4-305;

(f)  recommend to the legislature the repeal, amendment, or adoption of a rule as provided in 2-4-412;

(g)  institute, intervene in, or otherwise participate in proceedings involving the legality of a rule under the Montana Administrative Procedure Act in the state and federal courts and administrative agencies;

(h)  review the incidence and conduct of the department's administrative proceedings;

(i)  require the department to publish the full or partial text of any pertinent material adopted by reference under 2-4-307;

(j)  by an affirmative vote of at least six members of the committee, contract for the preparation of an economic impact statement or require the department to prepare an economic impact statement, following the provisions of 2-4-405;

(k)  petition the department to promulgate, amend, or repeal a rule. Within 60 days after submission of a petition, the department shall either deny the petition in writing, stating its reasons for the denial, or shall initiate rulemaking proceedings in accordance with 2-4-302 through 2-4-305.

(l)  make written objection to a proposed rule of the department for lack of substantial compliance with 2-4-302 through 2-4-305. The provisions of 2-4-406 govern the objection procedure, the department's response, and the procedure for and effect of publication of the objection in the Montana Administrative Register and the Administrative Rules of Montana.

(m)  petition the department for a declaratory ruling as to the applicability of any statutory provision or of any rule or order of the department. A copy of a declaratory ruling must be filed with the secretary of state for publication in the register. A declaratory ruling or the refusal to issue a ruling is subject to judicial review in the same manner as decisions or orders in contested cases under the Montana Administrative Procedure Act.

(n)  petition for judicial review of the sufficiency of the reasons for the department's finding of imminent peril to the public health, safety, or welfare, cited in support of an emergency or temporary rule proposed by the department under 2-4-303; and

(o)  require the department to conduct the biennial review of its rules as required in 2-4-314 and report its findings to the committee.

(3)  The committee shall exercise legislative oversight of the department of revenue, including without limitation the review of:

(a)  proposed budgets;

(b)  proposed legislation;

(c)  pending litigation; and

(d)  major contracts and personnel actions of the department.

(4)  The committee may investigate and issue reports on any matter concerning taxation or the department of revenue.

(5)  (a) The committee shall have prepared by December 1 for introduction during each regular session of the legislature in which a revenue bill is under consideration an estimate of the amount of revenue projected to be available for legislative appropriation.

(b)  The committee's estimate, as introduced in the legislature, constitutes the legislature's current revenue estimate until amended or until final adoption of the estimate by both houses. It is intended that the legislature's estimates and the assumptions underlying the estimates will be used by all agencies with responsibilities for estimating revenues or costs, including the preparation of fiscal notes.

(c)  The legislative council services division shall provide staff assistance to the committee. The committee may request the assistance of the staffs of the office of the legislative fiscal analyst, the legislative auditor, the department of revenue, and any other agency that has information regarding any of the tax or revenue bases of the state.

(6)  The committee may:

(a)  review the programs financed by coal severance tax funds;

(b)  consider any matters relating to coal taxation; and

(c)  prepare for the legislature a report, as provided in 5-11-210, on potential uses of the coal tax trust fund to develop a stable, strong, and diversified Montana economy that meets the needs of present and future generations of Montanans while maintaining and improving a clean and healthful environment as required by Article IX, section 1, of the Montana constitution."

Section 28.  Section 5-22-101, MCA, is amended to read:

"5-22-101.   Legislative oversight committee -- appointment -- staff assistance. (1) (a) There is a joint oversight committee on children and families. The oversight committee is composed of eight members who are appointed as follows:

(i)  four members of the house of representatives, not more than two of whom may be from one political party, appointed by the speaker of the house; and

(ii) four members of the senate, not more than two of whom may be from one political party, appointed by the committee on committees.

(b)  The members appointed under subsection (1)(a) must include representatives from the house appropriations subcommittee on human services and aging and the senate finance and claims subcommittee on human services and aging.

(2)  In case of a vacancy, a replacement must be selected in the manner of the original appointment.

(3)  Members are entitled to salary and expenses as provided in 5-2-302.

(4)  The oversight committee may request staff assistance from the legislative council services division, which assistance may be provided within limits established by the legislative council, given other priorities and responsibilities.

(5)  Each state agency that provides services or funding for a program or service for children and families shall provide assistance and information upon request of the oversight committee."

Section 29.  Section 7-1-114, MCA, is amended to read:

"7-1-114.   Mandatory provisions. (1) A local government with self-government powers is subject to the following provisions:

(a)  All all state laws providing for the incorporation or disincorporation of cities and towns; for the annexation, disannexation, or exclusion of territory from a city or town; for the creation, abandonment, or boundary alteration of counties; and for city-county consolidation;

(b)  Sections 7-3-104 through 7-3-106, 7-3-111 through 7-3-114, and 7-3-1101 through 7-3-1105 Title 7, chapter 3, part 1;

(c)  All all laws establishing legislative procedures or requirements for units of local government;

(d)  All all laws regulating the election of local officials;

(e)  All all laws which that require or regulate planning or zoning;

(f)  Any any law directing or requiring a local government or any officer or employee of a local government to carry out any function or provide any service;

(g)  Any any law regulating the budget, finance, or borrowing procedures and powers of local governments, except that the mill levy limits established by state law shall do not apply;

(h)  Title 70, chapters 30 and 31.

(2)  These provisions are a prohibition on the self-government unit acting other than as provided."

Section 30.  Section 7-2-2218, MCA, is amended to read:

"7-2-2218.   Form of ballot. (1) If the proposed new county is to be formed from one county, or from portions of two or more existing counties, the ballot shall must be in the following form:

(a)  proclamation and notice required by 7-2-2215 shall must require the electors to cast ballots which shall that contain the words "For the new county of .... (giving the name of the proposed new county) -- Yes" and "For the new county of .... (giving the name of the proposed new county) -- No".

(b)  The ballots shall must also contain the names of individuals to be voted for to fill the various elective offices designated in the proclamation notice for counties of the class to which the proposed county will belong, as determined by the board of county commissioners, as herein otherwise provided in this part.

(c)  There shall must also be printed upon the ballot the words "For the county seat" and the names of all cities or towns which that may have filed with the election administrator a petition, signed by at least 25 registered electors, nominating any city or town within the proposed new county for the county seat. The elector shall designate his the elector's choice for county seat by marking a cross (X) opposite the name of the city or town for which he the elector desires to cast his ballot a vote.

(2)  If the proposed new county is to be an existing county enlarged by territory taken from one or more other counties, the proclamation and notice required by 7-2-2215(1) shall must require the electors to cast ballots which shall that must contain the legal description of the territory to be taken from the county in which the election is held, together with any name or names for the territory that may be in common use, and the words "For the territory described (or commonly known as ....) to be detached from .... County and added to .... County -- Yes" and "For the territory described (or commonly known as ....) to be detached from .... County and added to .... County -- No"."

Section 31.  Section 7-2-2219, MCA, is amended to read:

"7-2-2219.   Conduct of election. (1) (a) The board issuing the proclamation and notice of election pursuant to 7-2-2215 shall cause require the county election administrator to furnish to the election judges of each precinct in the proposed new county all election supplies and equipment necessary to conduct the election and which that are not specifically directed to be furnished by the election administrator of another county or counties.

(b)  The election administrator of each county from which territory is taken for the proposed new county shall, not less than 5 days before the date of the election, furnish for each precinct within the proposed new county a precinct register for the precincts of the proposed new county which that are within their respective counties.

(2)  The elections provided for in 7-2-2215 shall be are governed and controlled by the general election laws of the state, so far as to the extent that the same general election laws are applicable and except as otherwise provided herein in this section. The provisions of the election laws relating to preparation, printing, and distribution of sample ballots, except the provisions of these laws relating to primary elections in this state, apply to any election provided for in this part. All returns of an election shall must be made to and canvassed by the board of county commissioners calling the election.

(3)  All nominations of candidates for offices required to be filled at the election shall must be made in the manner provided by law for the nomination of candidates by petition."

Section 32.  Section 7-4-2106, MCA, is amended to read:

"7-4-2106.   Vacancy on board of county commissioners. (1) For the purposes of this part, "vacancy" has the same meaning as prescribed in 2-16-501.

(2)  Whenever a vacancy occurs in the board of county commissioners from a failure to elect or otherwise, the remaining county commissioners must shall fill the vacancy, and such the appointee shall hold office until the next general election unless otherwise provided in subsection (3) or (4). The procedure to be used to fill the vacancy is as follows:

(a)  If the former incumbent represented a party eligible for a primary election under 13-10-601, the county central committee of that party shall submit to the remaining commissioners three names of people who have lived in the unrepresented district for at least 2 years preceding the day the vacancy occurs, and the. The remaining commissioners shall appoint one of these three to fill the vacancy. Whenever the remaining commissioners are unable to elect an appointee from the submitted list, they shall request a second list of three names from the county central committee. The second list may not contain any of the names submitted on the first list. The remaining commissioners shall then select an appointee from the individuals named on both lists.

(b)  If the former incumbent was independent or was originally nominated by a party that does not meet the requirements of 13-10-601 or if the vacancy occurs from a failure to elect, the remaining commissioners shall invite applications for the vacancy in a notice published as provided in 13-1-108 and shall accept an application from any person who has lived in the unrepresented district for at least 2 years preceding the day the vacancy occurs. The remaining commissioners shall appoint one of these applicants to fill the vacancy.

(3)  Whenever a vacancy occurs 75 days or more before the general election held during the second or fourth year of the term, an individual shall must be elected to complete the term at that general election. The election procedure to be used to elect the successor is as follows:

(a)  Whenever the vacancy occurs 75 days or more before the primary election during the second or fourth year of the term, the same procedure shall be utilized must be used as is used to elect county commissioners to full 6-year terms.

(b)  Whenever the vacancy occurs after the 75th day preceding the primary election, any political party desiring to enter a candidate in the general election shall select a candidate as provided in 13-38-204. A political party shall notify the clerk and recorder of the party nominee. A person desiring to be a candidate as an independent shall follow the procedures provided in 13-10-501 and 13-10-502. The petition for an independent candidate shall must be filed with the clerk and recorder on or before the 75th day prior to the general election. A candidate for a nonpartisan office shall file as provided in Title 13, chapter 14.

(4)  Whenever a vacancy occurs after the 75th day preceding the general election held during the fourth year of the term, the person appointed by the remaining county commissioners under 7-4-2106(2) subsection (2) shall serve until the end of the term."

Section 33.  Section 7-4-2206, MCA, is amended to read:

"7-4-2206.   Vacancies. (1) For the purposes of this part, "vacancy" has the same meaning as prescribed in 2-16-501.

(2)  Vacancies in all county offices, except that of county commissioner, shall must be filled by appointment by the board of county commissioners. Except for the justice of the peace, the appointee shall hold his holds the office, if elective, until the next general election unless otherwise provided in subsection (3) or (4), and if not elective, the appointee serves at the pleasure of the commissioners.

(3)  Whenever a vacancy occurs 75 days or more before the general election held during the second year of the term, an individual shall must be elected to complete the term at that general election. The election procedure to be used to elect the successor is as follows:

(a)  Whenever the vacancy occurs 75 days or more before the primary election during the second year of the term, the same procedure shall be utilized must be used as is used to elect a person to that office for a full 4-year term.

(b)  Whenever the vacancy occurs after the 75th day preceding the primary election, any political party desiring to enter a candidate in the general election shall select a candidate as provided in 13-38-204. A political party shall notify the clerk and recorder of the party nominee. A person desiring to be a candidate as an independent shall follow the procedures provided in 13-10-501 and 13-10-502. The petition for an independent candidate shall must be filed with the clerk and recorder on or before the 75th day prior to the general election. A candidate for a nonpartisan office shall file as provided in Title 13, chapter 14.

(4)  Whenever a vacancy occurs after the 75th day preceding the general election held during the second year of the term, the person appointed by the commissioners under 7-4-2206(2) subsection (2) shall serve until the end of the term.

(5)  Vacancies occurring in the office of justice of the peace shall must be filled as provided in Title 3, chapter 10, part 2."

Section 34.  Section 7-6-2531, MCA, is amended to read:

"7-6-2531.   County may exceed maximum mill levy -- election required. The governing body of a county may raise money by taxation for the support of county government services, facilities, or other capital projects in excess of the levy or levies allowed by law under the following conditions:

(1)  The governing body shall pass a resolution indicating its intent to exceed the current statutory mill levy on the approval of a majority of the qualified electors voting in an election under subsection (2). The resolution must include:

(a)  the specific purpose for which the additional money will be used;

(b)  the specific amount to be raised;

(c)  the approximate number of mills required; and

(d)  the specific mill levy limitation to be exceeded.

(2)(a)  Except as provided in subsection (2)(b), the governing body shall submit the question of the additional mill levy to the qualified electors of the county at the next regular primary election held in an even-numbered year.

(b)  If the purpose of the special levy designated pursuant to subsection (1)(a) is for the support of a hospital health care facility as described in 7-6-2512, the governing body may submit the question of the additional mill levy to the qualified electors of the county at a general election, at a school election held pursuant to 20-3-304, or at a regular primary election held in an even-numbered year.

(c) If the majority voting on the question are in favor of the additional levy or levies, the governing body is authorized to exceed the statutory mill levy limit in the amount specified in the resolution for a period not to exceed 2 years."

Section 35.  Section 7-7-4602, MCA, is amended to read:

"7-7-4602.   Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1)  "Enterprise" means any work, undertaking, or project which that the municipality is authorized to construct and from which the municipality derives revenues, revenue for the refinancing or the refinancing and improving of which enterprise refunding bonds are issued under this part; and such. The enterprise includes all incidental or connected improvements, betterments, extensions, and replacements, thereto and all appurtenances, facilities, lands, rights in land, water rights, franchises, and structures in connection therewith or incidental thereto.

(2)  "Federal agency" means the United States, the president of the United States, the federal emergency administrator of public works, or any agency, instrumentality, or corporation of the United States designated or created by or pursuant to any act or joint resolution of the congress of the United States or directly or indirectly owned or controlled by the United States.

(3)(2)  "Governing body" means, in the case of a city or town, the council, commission, or other body, board, officer, or officers having charge of the finances thereof of the city or town.

(4)(3)  "Holder of bonds" or "bondholder" (or any similar term) means any a person who is the bearer of any outstanding refunding bond, registered to bearer or not registered, or the registered owner of any such outstanding bond which that is at the time registered other than to bearer.

(5)(4)  "Improving" means reconstructing, replacing, extending, repairing, bettering, equipping, developing, or embellishing, or improving or any one or more of the foregoing.

(6)(5)  "Law" means any act or statute (general, special, or local) of this state, including without being but not limited to the charter of any municipality.

(7)(6)  "Municipality" means any city or town of this state.

(8)(7)  "Refinancing" means funding, refunding, paying, or discharging, by means of refunding bonds or the proceeds received from the sale thereof of refunding bonds, all or any part of any notes, bonds, or other obligations issued to finance or to aid in financing the acquisition, construction, or improving of an enterprise and payable solely from all or any part of the revenues thereof revenue of the refunding bonds, including interest thereon on the refunding bonds in arrears or about to become due, whether or not represented by coupons or interest certificates.

(9)(8)  "Refunding bonds" means notes, bonds, certificates, or other obligations of a municipality issued pursuant to this part or pursuant to any other law as supplemented by or in conjunction with this part.

(10)(9) "Revenues" "Revenue" means all fees, tolls, rates, rentals, and charges to be levied and collected in connection with an enterprise and all other income and receipts of whatever kind or character derived by the municipality from the operation of any an enterprise or arising from any an enterprise."

Section 36.  Section 7-13-4311, MCA, is amended to read:

"7-13-4311.   Authorization to furnish water and sewer services to industrial consumers. (1) Subject to the provisions of subsection (2), the city or town council of any city or town within Montana that owns and operates a municipal water system, and/or a municipal sewage system, or both, to furnish water services, and/or sewage services, or both, to the inhabitants of such the city or town as a public utility shall may, in addition to all other powers, have power to furnish water from such the water system and sewage services from such the sewage system:

(a)  to any person, factory, or other industry located within the corporate limits of such the city or town; or

(b)  to any person, factory, or other industry located outside the corporate limits of such the city or town.

(2)  (a) The services authorized by subsection (1) shall must be furnished at reasonable rates, filed by the city or town council and approved by the public service commission.

(b)  Delivery of water and delivery of sewage services by any such a city or town to or for the use of any person, factory, or other industry located outside the corporate limits of such the city or town shall must be made within or at the boundary line of the corporate limits of such the city or town or from any existing waterline or sewerline of such the city or town located outside of the corporate limits of such the city or town, except as hereinafter provided in this part."

Section 37.  Section 7-14-4736, MCA, is amended to read:

"7-14-4736.   Participation by municipality. If the municipality is willing to participate in the cost of leasing, improving, operating, or maintaining the offstreet parking sites in an improvement district established pursuant to 7-14-4731, the governing body may by resolution summarily order such the participation, and the amount of any such participation shall is not be subject to the limitations of 7-12-4102, 7-12-4103, and 7-12-4132."

Section 38.  Section 7-16-2105, MCA, is amended to read:

"7-16-2105.   Acquisition of land by county for public recreational or cultural purposes. (1) The counties of this state are authorized to acquire, by purchase, grant, deed, gift, devise, condemnation, or otherwise, lands suitable for public camping, public recreational purposes, civic centers, youth centers, museums, recreational centers, and any combination thereof or may lease the land tracts, each of which must be situated as to offer ready access to a public highway.

(2)  This section may not be construed as amending or repealing 7-16-2201 through 7-16-2204 7-16-2203."

Section 39.  Section 7-16-4222, MCA, is amended to read:

"7-16-4222.   Rules to implement part. (1) In addition to the powers and duties established in the ordinance creating the board of park commissioners and the provisions of 7-16-4223 and 7-16-4225 through 7-16-4228, the board of park commissioners has the following powers and duties:

(a)  to make all rules necessary or convenient to protect and promote the growth of trees and plants in parks, streets, avenues, alleys, boulevards, and public places under the care and control of the board and for the protection of all birds inhabiting, frequenting, or nesting in the parks, streets, avenues, boulevards, and public places;

(b)  to make all rules for the use of parks by the public; and

(c)  to provide penalties for the violation of the rules.

(2)  The rules authorized by this section have the force of city ordinances and may be enforced as ordinances of the city are enforced."

Section 40.  Section 7-32-2244, MCA, is amended to read:

"7-32-2244.   Detention of juveniles. Juveniles may be held in a detention center only in accordance with 41-5-301 through 41-5-307, 41-5-309, and 41-5-311 Title 41, chapter 5, part 3."

Section 41.  Section 7-34-2201, MCA, is amended to read:

"7-34-2201.   Erection and management of county health care facilities -- definition -- provision of health care services. (1) The board of county commissioners has jurisdiction and power, under the limitations and restrictions prescribed by law, to erect, furnish, equip, expand, improve, and maintain health care facilities and to provide health care services in those facilities as permitted by law.

(2)  The board of county commissioners of a county that has or may acquire title to a site and building or buildings suitable for county health care purposes has jurisdiction and power, under the limitations and restrictions prescribed by law, to erect, furnish, equip, expand, improve, maintain, and operate the building or buildings for health care purposes as provided by this section.

(3)  As used in parts 21, 23, 24, and 25 and this part, unless the context clearly requires otherwise, the term "health care facility" means a hospital, a medical assistance facility, an ambulatory surgical facility, a hospice, a kidney treatment center an end-stage renal dialysis facility, an outpatient facility, a public health center, a rehabilitation facility, a long-term care facility, or an adult day-care center, as defined in 50-5-101, or any combination and related medical facilities including offices for physicians or other health care professionals providing outpatient, rehabilitative, emergency, nursing, or preventive care."

Section 42.  Section 10-2-416, MCA, is amended to read:

"10-2-416.   Pledge to continue operation and maintenance. Pursuant to 38 U.S.C. 641 and 5035(a)(6) 8134 and 8135(a)(6), the state shall appropriate funds either from the general fund or from funds generated under 16-11-111 to the department of public health and human services for financial support necessary to provide for continued operation and maintenance of the state home for veterans in eastern Montana. The department of public health and human services may contract with a private vendor to provide for the operation of the eastern Montana veterans' home and may charge the contract vendor a rental fee for the maintenance and upkeep of the facility."

Section 43.  Section 10-3-207, MCA, is amended to read:

"10-3-207.   Text of compact. The interstate mutual aid compact referred to in 10-3-204 and 10-3-205 reads as follows:

INTERSTATE MUTUAL AID COMPACT

Article I

The purpose of this compact is to provide voluntary assistance among participating states in responding to any disaster or imminent disaster that overextends the ability of local and state governments to reduce, counteract, or remove the danger. Assistance may include but is not limited to rescue, fire, police, medical, communication, and transportation services and facilities to cope with problems which require use of special equipment, trained personnel, or personnel in large numbers not locally available.

Article II

Article I, section 10, of the Constitution of the United States permits a state to enter into an agreement or compact with another state, subject to the consent of congress. Congress, through enactment of 50 U.S.C. 2281(g) and 2283 (now repealed) and the executive branch, by issuance of Executive Orders No. 10186 of December 1, 1950, encourages the states to enter into emergency, disaster, and civil defense mutual aid agreements or pacts.

Article III

It is agreed by participating states that the following conditions will guide implementation of the compact:

(1)  Participating states through their designated officials are authorized to request and receive assistance from a participating state. Requests will be granted only if the requesting state is committed to the mitigation of the emergency and other resources are not immediately available.

(2)  Requests for assistance may be verbal or in writing. If the request is made by other than written communication, it must be confirmed in writing as soon as practical after the request. A written request shall provide an itemization of equipment and operators, types of expertise, and personnel or other resources needed. Each request must be signed by an authorized official.

(3)  Personnel and equipment of the aiding state made available to the requesting state shall, whenever possible, remain under the control and direction of the aiding state. The activities of personnel and equipment of the aiding state must be coordinated by the requesting state.

(4)  An aiding state has the right to withdraw some or all of its personnel and equipment whenever the personnel and equipment are needed by that state. Notice of intention to withdraw should be communicated to the requesting state as soon as possible.

Article IV

(1)  The requesting state shall reimburse the aiding state as soon as possible after the receipt by the requesting state of an itemized voucher requesting reimbursement of costs.

(2)  Any state rendering aid pursuant to this compact must be reimbursed by the state receiving such aid for any damage to, loss of, or expense incurred in the operation of any equipment used in responding to a request for aid, and for the cost incurred in connection with such requests.

(3)  Any state rendering aid pursuant to this compact must be reimbursed by the state receiving such aid for the cost of compensation and death benefits to injured officers, agents, or employees and their dependents or representatives if such officers, agents, or employees sustain injuries or are killed while rendering aid pursuant to this arrangement and such payments are made in the same manner and on the same terms as if the injury or death were sustained within the aiding state.

Article V

(1)  All privileges and immunities from liability, exemptions from law, ordinances, and rules and all pension, disability relief, workers' compensation, and other benefits that apply to the activity of officers, agents, or employees when performing their respective functions within the territorial limits of their respective political subdivisions apply to them to the same extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this compact.

(2)  All privileges and immunities from liability, exemptions from law, ordinances, and rules and workers' compensation and other benefits that apply to duly enrolled or registered volunteers when performing their respective functions at the request of their state and within its territorial limits apply to the same extent while performing their functions extraterritorially under the provisions of this compact. Volunteers may include but are not limited to physicians, surgeons, nurses, dentists, structural engineers, and trained search and rescue volunteers.

(3)  The signatory states, their political subdivisions, municipal corporations, and other public agencies shall hold harmless the corresponding entities and personnel thereof from the other state with respect to the acts and omissions of its own agents and employees that occur while providing assistance pursuant to the common plan.

(4)  Nothing in this arrangement may be construed as repealing or impairing any existing interstate mutual aid agreements.

(5)  Upon enactment of this compact by two or more states, and annually by each January 1 thereafter, the participating states will exchange with each other the names of officials designated to request and provide services under this arrangement. In accordance with the cooperative nature of this arrangement, it is permissible and desirable for the states to exchange operational procedures to be followed in requesting assistance and reimbursing expenses.

(6)  This compact becomes effective and is binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact becomes effective and binding as to any other state upon similar action by such state.

(7)  This compact remains binding upon a party state until it enacts a law repealing the compact and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal may not take effect until the 30th consecutive day after the notice has been sent. Such withdrawal does not relieve the withdrawing state from its obligations assumed under this compact prior to the effective date of withdrawal."

Section 44.  Section 10-3-501, MCA, is amended to read:

"10-3-501.   Policy of state. (1) The legislature recognizes that an enemy attack upon the United States is a possibility; that such an attack might be of unprecedented size and destructiveness; that a considerable period of time may elapse after an enemy attack before federal operational control over the management of resources can be instituted; and that federal planning and activities with respect to postattack recovery and rehabilitation necessarily are predicated on the ability of the states and their political subdivisions to prepare for and respond promptly to the problems created by an enemy attack. Therefore, it is hereby found and declared to be necessary to confer upon the governor and upon the executive heads of governing bodies of political subdivisions of this state the emergency powers provided for in this part.

(2)  It is further declared to be the purpose of this part and the policy of this state that all resource management functions of this state be coordinated to the maximum extent with the comparable functions of the federal government, of other states and localities, and of private agencies to the end that the most effective preparation and use may be made of available manpower, resources, and facilities in an emergency."

Section 45.  Section 10-3-504, MCA, is amended to read:

"10-3-504.   Emergency resource management plan. The plan shall must provide an emergency organization and emergency administrative policies and procedures for the conservation, allocation, distribution, and use of essential resources available to the state following a civil defense emergency such as an attack upon the United States. It shall be The plan is supplemental to the national plan for emergency preparedness adopted by the president of the United States and shall become becomes operative upon the establishment of a civil defense emergency. To the extent that the federal government is either incapable of or not prepared to conduct its emergency resources management program, the state emergency resources management plan will substitute for and replace the federal program until such the time as that the federal program becomes effective in the state."

Section 46.  Section 10-4-101, MCA, is amended to read:

"10-4-101.   Definitions. As used in this chapter, unless the context requires otherwise, the following definitions apply:

(1)  "Account" means the 9-1-1 emergency telecommunications account established in 10-4-301.

(2)  "Department" means the department of administration provided for in Title 2, chapter 15, part 10.

(3)  "Direct dispatch method" means a 9-1-1 service in which a public safety answering point, upon receipt of a telephone request for emergency services, provides for a decision as to the proper action to be taken and for dispatch of appropriate emergency service units.

(4)  "Emergency" means any an event that requires dispatch of a public or private safety agency.

(5)  "Emergency services" means services provided by any a public or private safety agency, including law enforcement, firefighting, ambulance or medical services, and civil defense services.

(6)  "Exchange access services" means:

(a)  telephone exchange access lines or channels that provide local access from the premises of a subscriber in this state to the local telecommunications network to effect the transfer of information; and

(b)  unless a separate tariff rate is charged therefor, any facility or service provided in connection with the services described in subsection (6)(a).

(7)  "Local government" means any city, county, or political subdivision of the state and its agencies.

(8)(7)  "Minimum 9-1-1 service" means a telephone service meeting the standards established in 10-4-102 that automatically connects a person dialing the digits 9-1-1 to an established public safety answering point. "Minimum 9-1-1 services" includes equipment for connecting and outswitching 9-1-1 calls within a telephone central office, trunking facilities from the central office to a public safety answering point, and equipment, as appropriate, for transferring the call to another point, when appropriate.

(9)(8)  A "9-1-1 jurisdiction" means a group of public or private safety agencies who operate within or are affected by one or more common central office boundaries and who have agreed in writing to jointly plan a 9-1-1 emergency telephone system.

(10)(9) "Private safety agency" means any entity, except a public safety agency, providing emergency fire, ambulance, or medical services.

(11)(10) "Provider" means a public utility, cooperative telephone company, or any other entity that provides telephone exchange access services.

(12)(11) "Public safety agency" means the state and any city, county, city-county consolidated government, municipal corporation, chartered organization, public district, or public authority located in whole or in part within this state that provides or has authority to provide emergency services.

(13)(12) "Public safety answering point" means a communications facility operated on a 24-hour basis that first receives 9-1-1 calls from persons in a 9-1-1 service area and which that may, as appropriate, directly dispatch public or private safety services or transfer or relay 9-1-1 calls to appropriate public safety agencies.

(14)(13) "Relay method" means a 9-1-1 service in which a public safety answering point, upon receipt of a telephone request for emergency services, notes the pertinent information from the caller and relays such the information to the appropriate public safety agency, other agencies, or other providers of emergency services for dispatch of an emergency unit.

(15)(14) "Subscriber" means an end user who receives telephone exchange access services.

(16)(15) "Transfer method" means a 9-1-1 service in which a public safety answering point, upon receipt of a telephone request for emergency services, directly transfers such a the request to an appropriate public safety answering agency or other provider of emergency services."

Section 47.  Section 10-4-301, MCA, is amended to read:

"10-4-301.   Establishment of emergency telecommunications account. A 9-1-1 emergency telecommunications account is established in the state special revenue fund in the state treasury. All money received by the department of revenue pursuant to 10-4-201 must be paid to the state treasurer for deposit in the account. After payment of refunds pursuant to 10-4-205, the balance of the account must be used for the purposes described in part 1 of this chapter. The distribution of the 9-1-1 emergency telecommunications account, according to the requirements of 10-4-302, is statutorily appropriated as provided in 17-7-502. Expenditures for actual and necessary expenses required for the efficient administration of the plan must be made from temporary appropriations, as described in 17-7-501(1) or (2), made for that purpose."

Section 48.  Section 13-13-276, MCA, is amended to read:

"13-13-276.   Legislative findings and purpose. The legislature finds that the increased use of facsimile transmissions has encouraged the possibility of absentee voter registration and the sending and receiving of absentee ballots by facsimile. The legislature also finds that while federal law encourages but does not require the use of facsimile transmissions in federal elections, there are is sufficient reliability in facsimile technology and there is sufficient evidence that absentee facsimile voting would be of benefit to electors in the United States service, to provide for absentee registration and voting by facsimile. It is the purpose of 13-13-276 through 13-13-279 13-13-278 to allow for absentee voter registration and voting by facsimile, while recognizing that state and local election officials have the responsibility to maintain the accuracy, integrity, and secrecy of the election process and the individual election ballot. It is the purpose of the legislature to allow facsimile voting for electors in the United States service but to continue to ensure that voting security is maintained for the ultimate purpose of preventing election fraud and maintaining the validity of the election process."

Section 49.  Section 13-13-278, MCA, is amended to read:

"13-13-278.   Adoption of rules -- acceptance of funds. (1) The secretary of state shall adopt reasonable rules under the rulemaking provisions of the Montana Administrative Procedure Act to implement 13-13-277. The rules are binding upon election administrators. The rules must require compliance with the same time requirements or deadlines as for registration and voting by absentee ballot by use of the public mails, except that the rules may provide for different times for the acceptance of facsimile ballots after the closing of the polls. The rules must maintain the accuracy, integrity, and secrecy of the ballot process and must allow registration and voting by facsimile through use of a private corporation or other private entity for transmission of facsimile messages only if the secretary of state finds that the use is essential to the purposes of 13-13-276 through 13-13-279 13-13-278.

(2)  The secretary of state may apply for and receive a grant of funds from any agency or office of the United States government or from any other public or private source and may use the money for the purpose of implementing 13-13-276 through 13-13-279 13-13-278."

Section 50.  Section 13-25-106, MCA, is amended to read:

"13-25-106.   Compensation of electors. Electors shall must receive the same pay and mileage that is allowed to members of the legislature. Payments shall must be certified by the secretary of state and paid by the state auditor treasurer from the state general fund."

Section 51.  Section 13-27-202, MCA, is amended to read:

"13-27-202.   Recommendations -- approval of form required. (1) Before submission of a sample sheet to the secretary of state pursuant to subsection (3), the following requirements must be fulfilled:

(a)  The text of the proposed measure must be submitted to the legislative services division for review.

(b)  The legislative services division staff shall review the text for clarity, consistency, and any other factors that the council staff considers when drafting proposed legislation.

(c)  Within 14 days after submission of the text, the legislative services division staff shall make to the person submitting the text written recommendations for changes in the text or a statement that no changes are recommended.

(d)  The person submitting the text shall consider the recommendations and respond in writing to the legislative services division, accepting, rejecting, or modifying each of the recommended changes. If no changes are recommended, no response is required.

(2)  The legislative services division shall furnish a copy of the correspondence provided for in subsection (1) to the secretary of state, who shall make a copy of the correspondence available to any person upon request.

(3)  Before a petition may be circulated for signatures, a sample sheet containing the text of the proposed measure must be submitted to the secretary of state in the form in which it will be circulated. The sample petition may not be submitted to the secretary of state more than 1 year prior to the final date for filing the signed petition with the secretary of state. The secretary of state shall refer a copy of the petition sheet to the attorney general for approval. The secretary of state and attorney general shall each review the petition for sufficiency as to form and approve or reject the form of the petition, stating the reasons for rejection, if any. The secretary of state or the attorney general may not reject the petition solely because the text contains material not submitted to the legislative services division unless the material not submitted to the legislative services division is a substantive change not suggested by the legislative services division.

(4)  The secretary of state shall review the comments and statements of the attorney general received pursuant to 13-27-312 and make a final decision as to the approval or rejection of the form of the petition. The secretary of state shall send written notice to the person who submitted the petition sheet of the approval or rejection within 28 days after submission of the petition sheet. If the petition is rejected, the notice must include reasons for rejection.

(5)  A petition with technical defects in form may be approved with the condition that those defects will be corrected before the petition is circulated for signatures.

(6)  The secretary of state shall upon request provide the person submitting the petition with a sample petition form, including the text of the proposed measure, the statement of purpose, and the statements of implications, all as approved by the secretary of state and the attorney general. The petition may be circulated in the form of the sample prepared by the secretary of state."

Section 52.  Section 13-37-106, MCA, is amended to read:

"13-37-106.   Salary. The commissioner of political practices is entitled to receive a an annual salary of $30,303 in fiscal year 1992 and $31,551 in fiscal year 1993 and thereafter."

Section 53.  Section 13-37-128, MCA, is amended to read:

"13-37-128.   Cause of action created. (1) Except as provided in 13-37-306, any A person who intentionally or negligently violates any of the reporting provisions of this chapter, shall be is liable in a civil action brought by the commissioner or a county attorney pursuant to the provisions outlined in 13-37-124 and 13-37-125 for an amount up to $500 or three times the amount of the unlawful contributions or expenditures, whichever is greater.

(2)  Any A person who makes or receives a contribution or expenditure in violation of 13-35-225, 13-35-227, 13-35-228, or this chapter is liable in a civil action brought by the commissioner or a county attorney pursuant to the provisions outlined in 13-37-124 and 13-37-125 for an amount up to $500 or three times the amount of the unlawful contribution or expenditure, whichever is greater."

Section 54.  Section 13-37-130, MCA, is amended to read:

"13-37-130.   Limitation of action. No An action may not be brought under 13-37-128 and 13-37-129 more than 4 years after the occurrence of the facts which that give rise to the action. No more than one judgment against a particular defendant may be had on a single state of facts. The civil action created in 13-37-128 and 13-37-129 shall be is the exclusive remedy for violation of the contribution, expenditure, and reporting provisions of this chapter, except as provided in 13-37-306. These provisions are not subject to the misdemeanor penalties of 13-35-103 but may be a ground for contest of election or removal from office as provided in 13-35-106(3) and Title 13, chapter 36."

Section 55.  Section 15-1-521, MCA, is amended to read:

"15-1-521.   Property valuation improvement fund. There is an account in the state special revenue fund to be used by the department for increasing the efficiency of the property appraisal, assessment, and taxation process through improvements in technology and administration. The department shall deposit fees collected pursuant to 2-6-110(4)(3) in the account."

Section 56.  Section 15-1-704, MCA, is amended to read:

"15-1-704.   Filing with district court. (1) After issuing a warrant, the department may file the warrant with the clerk of a district court. The clerk shall file the warrant in the judgment docket, with the name of the taxpayer listed as the judgment debtor.

(2)  A copy of the filed warrant may be sent by the department to the sheriff or agent authorized to collect the tax.

(3)  A judgment lien filed pursuant to this section may be renewed for another 10-year period pursuant to the provisions of methods provided in 25-13-102."

Section 57.  Section 15-7-303, MCA, is amended to read:

"15-7-303.   Definitions. As used in this part, the following definitions apply:

(1)  "Partial interest" means a percentage interest in property when less than 100%.

(2)(1)  "Person" means and includes an individual, corporation, partnership, or other business organization, trust, fiduciary, or agent or any other party presenting a document for recordation.

(3)(2)  "Real estate" includes:

(a)  land;

(b)  growing timber;

(c)  buildings, structures, fixtures, fences, and improvements affixed to land.

(4)(3)  "Transfer" means an act of the parties or of the law by which the title to real property is conveyed from one person to another.

(5)(4)  "Value" means the amount of the full actual consideration therefor for real estate paid or to be paid, including the amount of any lien or liens thereon on the real estate."

Section 58.  Section 15-8-104, MCA, is amended to read:

"15-8-104.   Department audit and review of taxable value -- costs paid by department. (1) When in the judgment of the director of revenue it is necessary, audits may be made for the purpose of determining the taxable value of net proceeds of mines and oil and gas wells and all other types of property subject to ad valorem taxation.

(2)  The department may conduct reviews of the assessment of all commercial personal property to ensure that the value of the property in those classes reflects market value. Because the assessed value of commercial personal property is defined as market value under 15-8-111(2), the review conducted by the department may be directed toward ensuring that all taxable personal property is reported to the department.

(3)  The cost of any audit or review performed under subsection (1) or (2) must be paid by the department."

Section 59.  Section 15-16-102, MCA, is amended to read:

"15-16-102.   Time for payment -- penalty for delinquency. Except as provided in 15-16-802 and 15-16-803 and unless Unless suspended or canceled under the provisions of Title 15, chapter 24, part 17, all taxes levied and assessed in the state of Montana, except assessments made for special improvements in cities and towns payable under 15-16-103, are payable as follows:

(1)  One-half of the taxes are payable on or before 5 p.m. on November 30 of each year or within 30 days after the tax notice is postmarked, whichever is later, and one-half are payable on or before 5 p.m. on May 31 of each year.

(2)  Unless one-half of the taxes are paid on or before 5 p.m. on November 30 of each year or within 30 days after the tax notice is postmarked, whichever is later, the amount payable is delinquent and draws interest at the rate of 5/6 of 1% a month from and after the delinquency until paid and 2% must be added to the delinquent taxes as a penalty.

(3)  All taxes due and not paid on or before 5 p.m. on May 31 of each year are delinquent and draw interest at the rate of 5/6 of 1% a month from and after the delinquency until paid, and 2% must be added to the delinquent taxes as a penalty.

(4)  If the date on which taxes are due falls on a holiday or Saturday, taxes may be paid without penalty or interest on or before 5 p.m. of the next business day in accordance with 1-1-307.

(5)  A taxpayer may pay current year taxes without paying delinquent taxes. The county treasurer shall accept a partial payment equal to the delinquent taxes, including penalty and interest, for one or more full taxable years, provided that taxes for both halves of the current tax year have been paid. Payment of taxes for delinquent taxes must be applied to the taxes that have been delinquent the longest. The payment of taxes for the current tax year is not a redemption of the property tax lien for any delinquent tax year.

(6)  The penalty and interest on delinquent assessment payments for specific parcels of land may be waived by resolution of the city council. A copy of the resolution must be certified to the county treasurer."

Section 60.  Section 15-16-119, MCA, is amended to read:

"15-16-119.   Taxation of personal property -- duty of department -- collection by state auditor. (1)  If the taxes on personal property are not a lien upon real property in the same county in an amount sufficient to secure the payment of the taxes, the department shall assess the property and compute the tax for the assessment. The department shall notify the county treasurer of the assessment and the amount of taxes due.  To compute