7-21-3108, 7-21-3211, 7-21-3212, 7-21-3213, 7-21-3303, 7-21-3307, 7-21-3435, 7-21-3453, 7-22-2214, 7-22-2225, 7-22-2401, 7-22-2410, 7-22-2434, 7-23-101, 7-23-102, 7-31-112, 7-31-202, 7-31-2101, 7-31-4102, 7-31-4206, 7-32-102, 7-32-108, 7-32-110, 7-32-115, 7-32-122, 7-32-123, 7-32-124, 7-32-125, 7-32-126, 7-32-127, 7-32-128, 7-32-213, 7-32-301, 7-32-302, 7-32-2101, 7-32-2104, 7-32-2107, 7-32-2108, 7-32-2121, 7-32-2124, 7-32-2125, 7-32-2127, 7-32-2129, 7-32-2130, 7-32-2131, 7-32-2143, 7-32-2202, 7-32-2207, 7-32-2208, 7-32-2211, 7-32-2234, 7-32-2246, 7-32-2248, 7-32-2249, 7-32-2250, 7-32-4103, 7-32-4105, 7-32-4106, 7-32-4107, 7-32-4108, 7-32-4109, 7-32-4110, 7-32-4111, 7-32-4131, 7-32-4136, 7-32-4137, 7-32-4155, 7-32-4159, 7-33-2127, 7-33-2312, 7-33-2315, 7-33-4104, 7-33-4124, 7-33-4125, 7-33-4133, 7-34-2104, 7-34-2105, 7-34-2106, 7-34-2118, 7-35-2103, 7-35-2133, 7-35-2139, 7-35-2141, AND 7-35-2144, MCA.
AN ACT GENDER NEUTRALIZING AND CONFORMING TITLES 1 THROUGH 7 OF THE MONTANA CODE ANNOTATED TO CURRENT BILL DRAFTING STANDARDS; AND AMENDING SECTIONS 1-1-107, 1-1-201, 1-1-202, 1-1-203, 1-1-204, 1-1-217, 1-1-219, 1-1-224, 1-1-226, 1-1-512, 1-1-515, 1-1-516, 1-3-203, 1-3-204, 1-3-205, 1-3-206, 1-3-208, 1-3-209, 1-3-210, 1-3-212, 1-3-217, 1-3-220, 1-3-234, 1-4-102, 1-5-302, 1-5-303, 1-5-305, 1-5-406, 1-5-407, 1-5-419, 1-5-420, 1-6-102, 1-6-104, 2-1-302, 2-2-205, 2-2-207, 2-2-304, 2-3-105, 2-3-221, 2-4-104, 2-4-202, 2-4-506, 2-4-604, 2-4-613, 2-4-621, 2-6-106, 2-6-108, 2-6-111, 2-6-303, 2-6-304, 2-7-103, 2-7-511, 2-8-105, 2-9-101, 2-9-103, 2-9-112, 2-9-305, 2-9-314, 2-9-504, 2-9-507, 2-9-511, 2-9-512, 2-9-513, 2-9-514, 2-9-515, 2-9-516, 2-9-523, 2-9-524, 2-9-527, 2-9-528, 2-15-111, 2-15-122, 2-15-124, 2-15-131, 2-15-132, 2-15-201, 2-15-221, 2-15-302, 2-15-502, 2-15-602, 2-15-1202, 2-15-1203, 2-15-1515, 2-15-1521, 2-15-1701, 2-15-1742, 2-15-1744, 2-15-1748, 2-15-1814, 2-15-3002, 2-15-3003, 2-15-3104, 2-15-3305, 2-15-3331, 2-15-3402, 2-16-102, 2-16-114, 2-16-115, 2-16-202, 2-16-212, 2-16-213, 2-16-303, 2-16-406, 2-16-504, 2-16-505, 2-16-507, 2-16-513, 2-16-521, 2-16-603, 2-16-612, 2-16-613, 2-16-616, 2-16-617, 2-16-620, 2-16-621, 2-16-622, 2-16-633, 2-16-635, 2-17-816, 2-18-106, 2-18-107, 2-18-512, 2-18-612, 2-18-616, 2-18-619, 2-18-621, 2-18-902, 2-18-1001, 2-18-1011, 3-1-402, 3-1-404, 3-1-405, 3-1-504, 3-1-514, 3-1-515, 3-1-516, 3-1-517, 3-1-522, 3-1-601, 3-1-602, 3-1-603, 3-1-604, 3-1-605, 3-1-606, 3-1-607, 3-1-701, 3-1-1003, 3-1-1009, 3-1-1010, 3-1-1103, 3-1-1104, 3-1-1106, 3-1-1108, 3-1-1109, 3-1-1110, 3-1-1111, 3-1-1122, 3-1-1502, 3-1-1503, 3-2-102, 3-2-212, 3-2-301, 3-2-401, 3-2-406, 3-2-502, 3-5-115, 3-5-201, 3-5-202, 3-5-213, 3-5-214, 3-5-215, 3-5-216, 3-5-311, 3-5-401, 3-5-405, 3-5-503, 3-5-504, 3-5-505, 3-5-508, 3-5-509, 3-5-611, 3-6-101, 3-6-203, 3-6-303, 3-7-201, 3-7-203, 3-7-224, 3-10-201, 3-10-202, 3-10-204, 3-10-209, 3-10-233, 3-10-234, 3-10-401, 3-10-405, 3-10-502, 3-10-514, 3-10-602, 3-10-706, 3-10-1005, 3-11-202, 3-11-203, 3-11-204, 3-11-205, 3-12-203, 3-15-201, 3-15-203, 3-15-401, 3-15-504, 3-15-601, 3-15-602, 3-15-604, 3-15-701, 3-15-801, 5-1-105, 5-2-102, 5-2-104, 5-2-105, 5-2-211, 5-2-213, 5-2-216, 5-2-302, 5-2-405, 5-4-204, 5-4-302, 5-4-303, 5-4-304, 5-4-305, 5-4-306, 5-5-101, 5-5-102, 5-5-103, 5-5-105, 5-5-301, 5-5-302, 5-5-413, 5-5-415, 5-5-418, 5-5-419, 5-5-420, 5-5-421, 5-5-431, 5-6-109, 5-7-101, 5-7-201, 5-7-203, 5-7-210, 5-7-301, 5-11-104, 5-11-204, 5-12-202, 5-12-203, 5-13-303, 5-13-306, 5-13-307, 5-13-309, 5-13-402, 5-15-102, 5-15-103, 5-15-105, 5-15-201, 5-16-105, 7-1-4121, 7-2-101, 7-2-2206, 7-2-2207, 7-2-2223, 7-2-2227, 7-2-2228, 7-2-2242, 7-2-2255, 7-2-2405, 7-2-2411, 7-2-2412, 7-2-2423, 7-2-2502, 7-2-2503, 7-2-2504, 7-2-2603, 7-2-2702, 7-2-2703, 7-2-2705, 7-2-2706, 7-2-2712, 7-2-2750, 7-2-2756, 7-2-2757, 7-2-4107, 7-2-4807, 7-2-4913, 7-3-102, 7-3-151, 7-3-179, 7-3-183, 7-3-193, 7-3-203, 7-3-212, 7-3-220, 7-3-221, 7-3-301, 7-3-304, 7-3-305, 7-3-312, 7-3-315, 7-3-403, 7-3-414, 7-3-432, 7-3-433, 7-3-434, 7-3-435, 7-3-436, 7-3-437, 7-3-438, 7-3-439, 7-3-440, 7-3-441, 7-3-442, 7-3-501, 7-3-503, 7-3-514, 7-3-601, 7-3-603, 7-3-605, 7-3-606, 7-3-607, 7-3-612, 7-3-613, 7-3-705, 7-3-1215, 7-3-1219, 7-3-1220, 7-3-1221, 7-3-1228, 7-3-1241, 7-3-1242, 7-3-1244, 7-3-1245, 7-3-1246, 7-3-1249, 7-3-1253, 7-3-1254, 7-3-1255, 7-3-1257, 7-3-1259, 7-3-1304, 7-3-1305, 7-3-1307, 7-3-1314, 7-3-1315, 7-3-1317, 7-3-1319, 7-3-1320, 7-3-1322, 7-3-1331, 7-3-1341, 7-3-1346, 7-3-1348, 7-3-4102, 7-3-4201, 7-3-4205, 7-3-4207, 7-3-4213, 7-3-4214, 7-3-4215, 7-3-4216, 7-3-4217, 7-3-4218, 7-3-4220, 7-3-4221, 7-3-4253, 7-3-4254, 7-3-4255, 7-3-4256, 7-3-4257, 7-3-4259, 7-3-4316, 7-3-4319, 7-3-4320, 7-3-4322, 7-3-4361, 7-3-4363, 7-3-4365, 7-3-4367, 7-3-4402, 7-3-4403, 7-3-4405, 7-3-4406, 7-3-4409, 7-3-4411, 7-3-4412, 7-3-4431, 7-3-4433, 7-3-4434, 7-3-4441, 7-3-4443, 7-3-4444, 7-3-4461, 7-3-4463, 7-3-4464, 7-3-4465, 7-4-505, 7-4-2108, 7-4-2109, 7-4-2111, 7-4-2113, 7-4-2202, 7-4-2207, 7-4-2210, 7-4-2213, 7-4-2304, 7-4-2312, 7-4-2403, 7-4-2511, 7-4-2513, 7-4-2515, 7-4-2517, 7-4-2518, 7-4-2520, 7-4-2521, 7-4-2602, 7-4-2616, 7-4-2617, 7-4-2622, 7-4-2704, 7-4-2707, 7-4-2711, 7-4-2712, 7-4-2713, 7-4-2714, 7-4-2715, 7-4-2716, 7-4-2801, 7-4-2802, 7-4-2803, 7-4-2811, 7-4-2813, 7-4-2814, 7-4-2901, 7-4-2902, 7-4-2904, 7-4-2911, 7-4-2914, 7-4-2915, 7-4-2923, 7-4-4101, 7-4-4102, 7-4-4103, 7-4-4109, 7-4-4112, 7-4-4211, 7-4-4301, 7-4-4302, 7-4-4401, 7-4-4402, 7-4-4403, 7-4-4502, 7-4-4512, 7-4-4602, 7-4-4701, 7-5-101, 7-5-103, 7-5-135, 7-5-2127, 7-5-2130, 7-5-4102, 7-5-4112, 7-5-4142, 7-5-4201, 7-5-4308, 7-5-4322, 7-6-106, 7-6-207, 7-6-212, 7-6-2101, 7-6-2103, 7-6-2115, 7-6-2116, 7-6-2117, 7-6-2118, 7-6-2204, 7-6-2403, 7-6-2405, 7-6-2406, 7-6-2410, 7-6-2411, 7-6-2412, 7-6-2424, 7-6-2603, 7-6-2604, 7-6-2605, 7-6-2606, 7-6-2801, 7-6-4301, 7-6-4304, 7-6-4502, 7-6-4601, 7-6-4603, 7-7-101, 7-7-106, 7-7-2106, 7-7-2225, 7-7-2226, 7-7-2258, 7-7-2272, 7-7-2405, 7-7-4103, 7-7-4224, 7-7-4225, 7-7-4256, 7-7-4258, 7-7-4261, 7-7-4272, 7-7-4629, 7-7-4631, 7-7-4633, 7-8-2304, 7-8-2305, 7-8-2307, 7-8-2701, 7-8-2707, 7-11-204, 7-11-207, 7-11-208, 7-11-210, 7-11-212, 7-11-227, 7-12-1103, 7-12-1121, 7-12-1122, 7-12-2101, 7-12-2117, 7-12-2122, 7-12-2135, 7-12-2137, 7-12-2139, 7-12-2140, 7-12-2154, 7-12-2158, 7-12-2163, 7-12-2164, 7-12-4101, 7-12-4121, 7-12-4143, 7-12-4145, 7-12-4148, 7-12-4152, 7-12-4167, 7-12-4168, 7-12-4170, 7-12-4182, 7-12-4185, 7-12-4255, 7-12-4304, 7-12-4307, 7-12-4309, 7-12-4325, 7-12-4353, 7-12-4604, 7-13-108, 7-13-124, 7-13-209, 7-13-218, 7-13-2209, 7-13-2241, 7-13-2246, 7-13-2247, 7-13-2278, 7-13-2308, 7-13-2342, 7-13-2345, 7-13-2505, 7-13-4107, 7-14-205, 7-14-1103, 7-14-2121, 7-14-2122, 7-14-2135, 7-14-2137, 7-14-2201, 7-14-2302, 7-14-2303, 7-14-2306, 7-14-2308, 7-14-2606, 7-14-2607, 7-14-2613, 7-14-2705, 7-14-2707, 7-14-2708, 7-14-2709, 7-14-2712, 7-14-2719, 7-14-2720, 7-14-2721, 7-14-2753, 7-14-2756, 7-14-2761, 7-14-2802, 7-14-2805, 7-14-2823, 7-14-2826, 7-14-2827, 7-14-2828, 7-14-4201, 7-14-4203, 7-14-4301, 7-14-4612, 7-14-4665, 7-14-4717, 7-14-4718, 7-14-4721, 7-15-2107, 7-15-2108, 7-15-4221, 7-15-4234, 7-15-4239, 7-15-4264, 7-15-4402, 7-15-4409, 7-15-4410, 7-15-4433, 7-15-4436, 7-15-4437, 7-15-4439, 7-15-4528, 7-15-4530, 7-16-2312, 7-16-2325, 7-16-2330, 7-16-2331, 7-21-2102, 7-21-2103, 7-21-2111, 7-21-2115, 7-21-2117, 7-21-2120, 7-21-2305, 7-21-2306, 7-21-2307, 7-21-2308, 7-21-2309, 7-21-2401, 7-21-2406, 7-21-2408, 7-21-2409, 7-21-2410, 7-21-2502, 7-21-2505, 7-21-2506, 7-21-2507, 7-21-3104, 7-21-3105, 7-21-3106, 7-21-3107, 7-21-3108, 7-21-3211, 7-21-3212, 7-21-3213, 7-21-3303, 7-21-3307, 7-21-3435, 7-21-3453, 7-22-2214, 7-22-2225, 7-22-2401, 7-22-2410, 7-22-2434, 7-23-101, 7-23-102, 7-31-112, 7-31-202, 7-31-2101, 7-31-4102, 7-31-4206, 7-32-102, 7-32-108, 7-32-110, 7-32-115, 7-32-122, 7-32-123, 7-32-124, 7-32-125, 7-32-126, 7-32-127, 7-32-128, 7-32-213, 7-32-301, 7-32-302, 7-32-2101, 7-32-2104, 7-32-2107, 7-32-2108, 7-32-2121, 7-32-2124, 7-32-2125, 7-32-2127, 7-32-2129, 7-32-2130, 7-32-2131, 7-32-2143, 7-32-2202, 7-32-2207, 7-32-2208, 7-32-2211, 7-32-2234, 7-32-2246, 7-32-2248, 7-32-2249, 7-32-2250, 7-32-4103, 7-32-4105, 7-32-4106, 7-32-4107, 7-32-4108, 7-32-4109, 7-32-4110, 7-32-4111, 7-32-4131, 7-32-4136, 7-32-4137, 7-32-4155, 7-32-4159, 7-33-2127, 7-33-2312, 7-33-2315, 7-33-4104, 7-33-4124, 7-33-4125, 7-33-4133, 7-34-2104, 7-34-2105, 7-34-2106, 7-34-2118, 7-35-2103, 7-35-2133, 7-35-2139, 7-35-2141, AND 7-35-2144, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 1-1-107, MCA, is amended to read:
"1-1-107. Unwritten law defined. Unwritten law is the law that is not promulgated and recorded, as mentioned in 1-1-104, but which that is, nevertheless, observed and administered in the courts of the country. It has no certain repository but is collected from the reports of the decisions of the courts and treatises of learned men people."
Section 2. Section 1-1-201, MCA, is amended to read:
"1-1-201. Terms of wide applicability. (1) Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:
(a) "Oath" includes an affirmation or declaration.
(b) "Person" includes a corporation or other entity as well as a natural person.
(c) "Several" means two or more.
(d) "State", when applied to the different parts of the United States, includes the District of Columbia and the territories.
(e) "United States" includes the District of Columbia and the territories.
(2) Wherever the word "man" or "men" or a word which that includes the syllable "man" or "men" in combination with other syllables, such as "workman", appears in this code, such the word or syllable shall be deemed to include includes "woman" or "women" unless the context clearly indicates a contrary intent and unless the subject matter of the statute relates clearly and necessarily to the male a specific sex only.
(3) Whenever the term "heretofore" occurs in any statute, it shall must be construed to mean any time previous to the day such the statute shall take takes effect. Whenever the word "hereafter" occurs, it shall must be construed to mean the time after the statute containing the term shall take takes effect."
Section 3. Section 1-1-202, MCA, is amended to read:
"1-1-202. Terms relating to procedure and the judiciary. Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:
(1) A "deposition" "Deposition" means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling him the adverse party to attend and cross-examine.
(2) "Judicial officers" means justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, and city judges.
(3) A "judicial "Judicial record" means the record of official entry of the proceedings in a court of justice or of the official act of a judicial officer in an action or special proceeding.
(4) An "oral "Oral examination" means an examination in the presence of the jury or tribunal that is to decide the fact or act upon it or the spoken testimony of the witness being heard by the jury or tribunal from the lips of the witness.
(5) "Process" means a writ or summons issued in the course of judicial proceedings.
(6) For "Registered mail", for purposes of legal notification, the term "registered mail" means registered or certified mail.
(7) "Testify" means every mode of oral statement under oath or affirmation.
(8) "Writ" means an order in writing issued in the name of the state or of a court or judicial officer."
Section 4. Section 1-1-203, MCA, is amended to read:
"1-1-203. Terms relating to instruments and other writings. Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:
(1) The "execution" "Execution" of an instrument is the means subscribing and delivering it, with or without affixing a seal.
(2) The term "folio" "Folio", when used as a measure for computing fees, means 100 words, counting every two figures letters or numbers necessarily used as a word. Any portion of a folio, when in the whole paper there is not a complete folio and when there is an excess over the last folio exceeding one-half, may be computed as a folio.
(3) "Printing" is means the act of reproducing a design on a surface by any process.
(4) "Signature" or "subscription" includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs his that person's own name as a witness.
(5) A "subscribing witness" is one "Subscribing witness" means a person who sees a writing executed or hears it acknowledged and at the request of the party thereupon signs his the person's name as a witness.
(6) "Writing" includes printing."
Section 5. Section 1-1-204, MCA, is amended to read:
"1-1-204. Terms denoting state of mind. Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:
(1) "Corruptly" denotes means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to or to some other person.
(2) "Knowingly" denotes means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of the act or omission.
(3) "Malice" and "maliciously" denote mean a wish to vex, annoy, or injure another person or an intent to do a wrongful act, established either by proof or presumption of law.
(4) "Neglect", "negligence", "negligent", and "negligently" denote mean a want of the attention to the nature or probable consequences of the act or omission that a prudent man person would ordinarily give in acting in his the person's own concerns.
(5) "Willfully", when applied to the intent with which an act is done or omitted, denotes means a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate the law, to injure another, or to acquire any advantage."
Section 6. Section 1-1-217, MCA, is amended to read:
"1-1-217. Notice -- actual and constructive. (1) Notice is:
(a) actual whenever it consists of express information of a fact;
(b) constructive whenever it is imputed by law.
(2) Every Each person who has actual notice of circumstances sufficient to put a prudent man person upon inquiry as to a particular fact has constructive notice of the fact itself in all cases in which, by prosecuting such the inquiry, he the person might have learned such the facts."
Section 7. Section 1-1-219, MCA, is amended to read:
"1-1-219. Relationship by affinity. (1) Unless the context requires otherwise, in this code "affinity" means the relation which that one spouse has, by virtue of the marriage, to blood relatives of the other. Therefore, a person has the same relation by affinity to his that person's spouse's blood relatives as his that person's spouse has to them by consanguinity and vice versa.
(2) Degrees of relationship by affinity are computed in the same manner as degrees of relationship by consanguinity.
(3) Notwithstanding subsection (1), the term "affinity" includes the relation of husband and wife. Husband and wife are considered to be related by affinity in the first degree."
Section 8. Section 1-1-224, MCA, is amended to read:
"1-1-224. Observance of right to keep and bear arms. The week beginning the first Monday in March is an official week of observance to commemorate Montana's valued heritage of the right of each person to keep and bear arms in the defense of his the person's home, person, or property or in aid of civil power. During this week, all Montanans are urged to reflect on their right to keep and bear arms and to celebrate this right in lawful ways."
Section 9. Section 1-1-226, MCA, is amended to read:
"1-1-226. Official observance of Montana's hunting heritage. The week beginning the third Monday in September is an official week of observance in Montana to commemorate this state's valued heritage of hunting game animals. During this week, all Montanans are urged to:
(1) reflect on hunting as an expression of our culture and heritage;
(2) acknowledge that it is our community of sportsmen, sportswomen, and hunters who have made the greatest contributions to the establishment of current game animal populations; and
(3) celebrate this culture and heritage in all lawful ways."
Section 10. Section 1-1-512, MCA, is amended to read:
"1-1-512. State Vietnam veterans' memorial. (1) The memorial located in Rose Park, Missoula, Montana, dedicated to the men and women individuals who served the United States in the Republic of Vietnam, is the official state Vietnam veterans' memorial.
(2) The department of commerce and the department of transportation in the production of highway maps of the state of Montana is are directed to reference the location of the official state Vietnam veterans' memorial in Rose Park, Missoula, Montana, on such official state maps."
Section 11. Section 1-1-515, MCA, is amended to read:
"1-1-515. Montana medal of valor established. (1) The governor is authorized to present, in the name of the people of Montana, a medal to be known as the Montana medal of valor, bearing a suitable inscription and ribbon, to any citizen of the state who displays extraordinary courage in a situation threatening the lives of one or more people.
(2) The governor shall may award the Montana medal of valor to anyone whose behavior, in his the governor's judgment, merits such the recognition. The award must be made in a public ceremony at the recipient's city or town of residence or at a city or town designated by the recipient, except under the circumstances indicated in subsection (3).
(3) If the recipient of the medal of valor dies before the medal is awarded, the governor shall present the medal to the recipient's spouse, eldest surviving child, eldest surviving sibling, or either parent or to a person designated by one of these. If the medal is presented to a person who is not a resident of Montana, the award ceremony must be held at the state capitol in Helena."
Section 12. Section 1-1-516, MCA, is amended to read:
"1-1-516. State Korean war veterans' memorial -- Butte. (1) The Korean war veterans' memorial located in Stodden Park, Butte, Montana, dedicated to the men and women individuals who served the United States in the Republic of Korea, is an official state Korean war veterans' memorial.
(2) The department of commerce and the department of transportation are directed to reference the location of a the state Korean war veterans' memorial on official state maps."
Section 13. Section 1-3-203, MCA, is amended to read:
"1-3-203. Change in purpose. One must A person may not change his the person's purpose to the injury of another."
Section 14. Section 1-3-204, MCA, is amended to read:
"1-3-204. Waiver of benefit of a law. Anyone Any person may waive the advantage of a law intended solely for his that person's benefit. But a A law established for a public reason cannot be contravened by a private agreement."
Section 15. Section 1-3-205, MCA, is amended to read:
"1-3-205. Limit on rights. One A person must shall so use his that person's own rights as not to infringe upon the rights of another."
Section 16. Section 1-3-206, MCA, is amended to read:
"1-3-206. Consent. He A person who consents to an act is not wronged by it."
Section 17. Section 1-3-208, MCA, is amended to read:
"1-3-208. Own wrong -- no advantage. No one can A person may not take advantage of his the person's own wrong."
Section 18. Section 1-3-209, MCA, is amended to read:
"1-3-209. Fraudulent dispossession. He A person who has fraudulently dispossessed himself oneself of a thing may be treated as if he the person still had possession."
Section 19. Section 1-3-210, MCA, is amended to read:
"1-3-210. Acts on one's behalf. He A person who can and does not forbid that which is done on his that person's behalf is deemed considered to have bidden authorized it."
Section 20. Section 1-3-212, MCA, is amended to read:
"1-3-212. Benefit -- burden. He A person who takes the benefit must shall bear the burden."
Section 21. Section 1-3-217, MCA, is amended to read:
"1-3-217. Beyond man's control. No man A person is not responsible for that which no man can a person cannot control."
Section 22. Section 1-3-220, MCA, is amended to read:
"1-3-220. What ought to have been done. That which ought to have been done is to be regarded as done, in favor of him a person to whom and against him a person from whom performance is due."
Section 23. Section 1-3-234, MCA, is amended to read:
"1-3-234. Third parties -- who suffers. Where When one of two innocent persons must suffer suffers by the act of a third, he the person by whose negligence it happened must be the sufferer."
Section 24. Section 1-4-102, MCA, is amended to read:
"1-4-102. Consideration of circumstances surrounding execution. For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject of the instrument and of the parties to it, may also be shown so that the judge be is placed in the position of those whose language he the judge is to interpret."
Section 25. Section 1-5-302, MCA, is amended to read:
"1-5-302. When execution may be proved by handwriting. The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases:
(1) when the parties and all the subscribing witnesses are dead;
(2) when the parties and all the subscribing witnesses are nonresidents of the state;
(3) when the place of their residence is unknown to the party desiring the proof and cannot be ascertained by the exercise of due diligence;
(4) when the subscribing witness conceals himself hides or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or
(5) in case of the continued failure or refusal of the witness to testify for the space period of 1 hour after his the witness's appearance."
Section 26. Section 1-5-303, MCA, is amended to read:
"1-5-303. Facts which that must be shown when offering proof of handwriting. The evidence taken under 1-5-302 must satisfactorily prove to the officer the following facts:
(1) the existence of one or more of the conditions mentioned in 1-5-302;
(2) that the witness testifying knew the person whose name purports to be subscribed to the instrument as a party and is well acquainted with his that person's signature;
(3) that the witness testifying personally knew the person who subscribed the instrument as a witness and is well acquainted with his that person's signature;
(4) that the signature or signatures in question are genuine; and
(5) the place of residence of the witness."
Section 27. Section 1-5-305, MCA, is amended to read:
"1-5-305. Contents of certificate of proof. An officer taking proof of the execution of any an instrument must shall, in his the certificate endorsed thereon upon or attached thereto to the instrument, set forth all the matters required by law to be done or known by him the officer or proved before him the officer on the proceeding, together with the names of all the witnesses examined before him the officer, their places of residence respectively, and the substance of their testimony."
Section 28. Section 1-5-406, MCA, is amended to read:
"1-5-406. Liabilities on official bond. For the official misconduct or neglect of a notary public, he the notary public and the sureties on his the notary public's official bond are liable to the parties injured thereby by the misconduct or neglect for all damages sustained."
Section 29. Section 1-5-407, MCA, is amended to read:
"1-5-407. Certifying the official character of a notary. The secretary of state may certify to the official character of such a notary public. Any A notary public may file a copy of his the notary public's commission in the office of any county clerk of any county in the state, and thereafter said the county clerk may certify to the official character of such the notary public."
Section 30. Section 1-5-419, MCA, is amended to read:
"1-5-419. Transfer of records upon termination of office. It is the duty of every each notary public on his upon resignation or removal from office or at the expiration of his the notary public's term and, in case of his death, of his the notary public's legal representative to forthwith deposit in a timely manner all the records kept by him the notary public in the office of the county clerk and recorder of the county in which he the notary public was a resident. On failure to do so, the offending person so offending is liable to for damages to any person injured thereby by the failure."
Section 31. Section 1-5-420, MCA, is amended to read:
"1-5-420. Powers and duties of county clerk and recorder with whom records deposited. It is the duty of each county clerk and recorder aforesaid to receive and safely keep all such records and papers of the notary in the case above named described in 1-5-419 and to give attested copies of them under his a seal,. for which he may demand such The county clerk and recorder may charge the fees as by law may be allowed by law to the notaries, and such the copies shall have the same effect as if certified by the notary."
Section 32. Section 1-6-102, MCA, is amended to read:
"1-6-102. Form of ordinary oath. An oath or affirmation in an action or proceeding may be administered as follows: by the person who swears or affirms expressing his that person's assent when addressed in the following form, with "You do solemnly swear (or affirm, as the case may be) that the evidence you shall will give in this issue (or matter), pending between .... and ...., shall be is the truth, the whole truth, and nothing but the truth, so help you God"."
Section 33. Section 1-6-104, MCA, is amended to read:
"1-6-104. Affirmation or declaration in lieu of oath. Any person who desires it may, at his option, instead of taking an oath make his a solemn affirmation or declaration by assenting when addressed in the following form: with "You do solemnly affirm (or declare), etc.", as provided in 1-6-102."
Section 34. Section 2-1-302, MCA, is amended to read:
"2-1-302. Resolution of Indian tribes requesting state jurisdiction -- governor's proclamation -- consent of county commissioners. (1) Whenever the governor of this state receives from the tribal council or other governing body of the Confederated Salish and Kootenai Indian tribes or any other community, band, or group of Indians in this state, a resolution expressing its desire that its people and lands be subject to the criminal or civil jurisdiction, or both, of the state to the extent authorized by federal law and regulation, he the governor shall issue within 60 days a proclamation to the effect that such the specified jurisdiction applies to those Indians and their territory or reservation in accordance with the provisions of this part.
(2) The governor may not issue the proclamation until the resolution has been approved in the manner provided for by the charter, constitution, or other fundamental law of the tribe or tribes, if said the document provides for such approval, and there has been first obtained the consent of the board of county commissioners of each county which that encompasses any portion of the reservation of such the tribe or tribes."
Section 35. Section 2-2-205, MCA, is amended to read:
"2-2-205. Affidavit to be required by auditing officers. Every Each officer whose duty it is to audit and allow the accounts of other state, county, city, township, or town officers must shall, before allowing such the accounts, require each of such the officers to make and file with him the auditing officer an affidavit that he the affiant has not violated any of the provisions of this part."
Section 36. Section 2-2-207, MCA, is amended to read:
"2-2-207. Settlements to be withheld on affidavit. (1) Every Each officer charged with the disbursement of public moneys money who is informed by affidavit establishing probable cause that any an officer whose account is about to be settled, audited, or paid by him has violated any of the provisions of this part must shall suspend such the settlement or payment and cause such the officer to be prosecuted for such the violation by the county attorney of the county.
(2) In case there be If there is a judgment for the defendant upon such prosecution, the proper officer may proceed to settle, audit, or pay such the account as if no such an affidavit had not been filed."
Section 37. Section 2-2-304, MCA, is amended to read:
"2-2-304. Penalty for violation of nepotism law. Any A public officer or employee or any a member of any board, bureau, or commission of this state or any political subdivision thereof who shall, by virtue of his the person's office, have has the right to make or appoint any person to render services to this state or any subdivision thereof of this state and who shall make or appoint makes or appoints a person to such the services or enter enters into any agreement or promise with any other person or employee or any member of any board, bureau, or commission of any other department of this state or any of its subdivisions to appoint to any position any person or persons related to him the person making the appointment or them or connected with him the person making the appointment or them by consanguinity within the fourth degree or by affinity within the second degree shall thereby be is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not less than $50 or more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both such fine and imprisonment."
Section 38. Section 2-3-105, MCA, is amended to read:
"2-3-105. Supplemental notice by radio or television. (1) Any An official of the state or any of its political subdivisions who is required by law to publish any a notice required by law may supplement such the publication by a radio or television broadcast of a summary of such the notice or by both of such broadcasts when in his the official's judgment the public interest will be served.
(2) The summary of such the notice shall only must be read with no without a reference to any person by name who is then a candidate for political office.
(3) Such The announcements shall may be made only by duly employed personnel of the station from which such the broadcast emanates.
(4) Announcements by political subdivisions may be made only by stations situated within the county of origin of the legal notice unless no a broadcast station exists does not exist in such that county, in which case announcements may be made by a station or stations situated in any county other than the county of origin of the legal notice."
Section 39. Section 2-3-221, MCA, is amended to read:
"2-3-221. Costs to plaintiff in certain actions to enforce constitutional right to know. A plaintiff who prevails in an action brought in district court to enforce his the plaintiff's rights under Article II, section 9, of the Montana constitution may be awarded his costs and reasonable attorneys' attorney fees."
Section 40. Section 2-4-104, MCA, is amended to read:
"2-4-104. Subpoenas and enforcement -- compelling testimony. (1) An agency conducting any proceeding subject to this chapter shall have the power to may require the furnishing of such information, the attendance of such witnesses, and the production of such books, records, papers, documents, and other objects as that may be necessary and proper for the purposes of the proceeding. In furtherance of this power, an agency upon its own motion may and, upon request of any party appearing in a contested case, shall issue subpoenas for witnesses or subpoenas duces tecum. The method for service of subpoenas, witness fees, and mileage shall must be the same as required in civil actions in the district courts of the state. Except as otherwise provided by statute, witness fees and mileage shall must be paid by the party at whose request the subpoena was issued.
(2) In case of disobedience of any subpoena issued and served under this section or of the refusal of any witness to testify as to any material matter with regard to which he the witness may be interrogated in a proceeding before the agency, the agency may apply to any district court in the state for an order to compel compliance with the subpoena or the giving of testimony. If the agency fails or refuses to seek enforcement of a subpoena issued at the request of a party or to compel the giving of testimony considered material by a party, the party may make such an application to the district court. The court shall hear the matter as expeditiously as possible. If the disobedience or refusal is found to be unjustified, the court shall enter an order requiring compliance. Disobedience of such the order shall must be punishable by contempt of court in the same manner and by the same procedures as is provided for like similar conduct committed in the course of civil actions in district courts. If another method of subpoena enforcement or compelling testimony is provided by statute, it may be used as an alternative to the method provided for in this section."
Section 41. Section 2-4-202, MCA, is amended to read:
"2-4-202. Model rules. (1) The attorney general shall prepare a model form for a rule describing the organization of agencies and model rules of practice for agencies to use as a guide in fulfilling the requirements of 2-4-201. The attorney general shall add to, amend, or revise the model rules from time to time as he the attorney general considers necessary for the proper guidance of agencies.
(2) The model rules and additions, amendments, or revisions thereto shall to the model rules must be appropriate for the use of as many agencies as is practicable and shall must be filed with the secretary of state and provided to any agency upon request. The adoption by an agency of all or part of the model rules does not relieve the agency from following the rulemaking procedures required by this chapter."
Section 42. Section 2-4-506, MCA, is amended to read:
"2-4-506. Declaratory judgments on validity or application of rules. (1) A rule may be declared invalid or inapplicable in an action for declaratory judgment if it is found that the rule or its threatened application interferes with or impairs or threatens to interfere with or impair the legal rights or privileges of the plaintiff.
(2) A rule may also be declared invalid in such an the action on the grounds that the rule was adopted with an arbitrary or capricious disregard for the purpose of the authorizing statute as evidenced by documented legislative intent.
(3) A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.
(4) The action may be brought in the district court for the county in which the plaintiff resides or has his a principal place of business or in which the agency maintains its principal office. The agency shall must be made a party to the action."
Section 43. Section 2-4-604, MCA, is amended to read:
"2-4-604. Informal proceedings. (1) In proceedings under this section, the agency shall, in accordance with procedures adopted under 2-4-201:
(a) give affected persons or parties or their counsel an opportunity, at a convenient time and place, to present to the agency or hearing examiner:
(i) written or oral evidence in opposition to the agency's action or refusal to act;
(ii) a written statement challenging the grounds upon which the agency has chosen to justify its action or inaction; or
(iii) other written or oral evidence relating to the contested case;
(b) if the objections of the persons or parties are overruled, provide a written explanation within 7 days.
(2) The record must consist of:
(a) the notice and summary of grounds of the opposition;
(b) evidence offered or considered;
(c) any objections and rulings thereon on the objections;
(d) all matters placed on the record after ex parte communication pursuant to 2-4-613;
(e) a recording of any hearing held, together with a statement of the substance of the evidence received or considered, the written or oral statements of the parties or other persons, and the proceedings. A party may object in writing to the statement or may order at his that party's cost a transcription of the recording, or both. Objections shall become a part of the record.
(3) Agencies shall give effect to the rules of privilege recognized by law.
(4) In agency proceedings under this section, irrelevant, immaterial, or unduly repetitious evidence must be excluded but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs is admissible, whether or not such the evidence is admissible in a trial in the courts of Montana. Any part of the evidence may be received in written form, and all testimony of parties and witnesses must be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it is not sufficient in itself to support a finding unless it is admissible over objection in civil actions.
(5) A party may petition for review of an informal agency decision pursuant to part 7 of this chapter."
Section 44. Section 2-4-613, MCA, is amended to read:
"2-4-613. Ex parte consultations. Unless required for disposition of ex parte matters authorized by law, the person or persons who are charged with the duty of rendering a decision or to make findings of fact and conclusions of law in a contested case, after issuance of notice of hearing, shall may not communicate with any party or his a party's representative in connection with any issue of fact or law in such the case except upon notice and opportunity for all parties to participate."
Section 45. Section 2-4-621, MCA, is amended to read:
"2-4-621. When absent members render decision -- proposal for decision and opportunity to submit findings and conclusions -- modification by agency. (1) When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case, the decision, if adverse to a party to the proceeding other than the agency itself, may not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision.
(2) The proposal for decision must contain a statement of the reasons therefor for the decision and of each issue of fact or law necessary to the proposed decision, and must be prepared by the person who conducted the hearing unless he that person becomes unavailable to the agency.
(3) The agency may adopt the proposal for decision as the agency's final order. The agency in its final order may reject or modify the conclusions of law and interpretation of administrative rules in the proposal for decision but may not reject or modify the findings of fact unless the agency first determines from a review of the complete record and states with particularity in the order that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law. The agency may accept or reduce the recommended penalty in a proposal for decision but may not increase it without a review of the complete record.
(4) A hearings officer who is a member of an agency adjudicative body may participate in the formulation of the agency's final order, provided he that the hearings officer has completed all his duties as the hearings officer."
Section 46. Section 2-6-106, MCA, is amended to read:
"2-6-106. Possession of records. Every Each public officer is entitled to the possession of all books and papers pertaining to his that office or in the custody of a former incumbent by virtue of his that office."
Section 47. Section 2-6-108, MCA, is amended to read:
"2-6-108. Attachment and warrant to enforce. The execution of the order and delivery of the books and papers may be enforced by attachment as for a witness and also, at the request of the plaintiff, by a warrant directed to the sheriff or a constable of the county, commanding him the sheriff or constable to search for such the books and papers and to take and deliver them to the plaintiff."
Section 48. Section 2-6-111, MCA, is amended to read:
"2-6-111. Custody and reproduction of records by secretary of state. (1) The secretary of state is charged with the custody of:
(a) the enrolled copy of the constitution;
(b) all the acts and resolutions passed by the legislature;
(c) the journals of the legislature;
(d) the great seal;
(e) all books, records, parchments, maps, and papers kept or deposited in his the secretary of state's office pursuant to law.
(2) All records included in subsection (1) may be kept and reproduced in accordance with rules adopted by the secretary of state in consultation with the state records committee provided for in 2-15-1013.
(3) The state records committee created by 2-15-1013 may approve the disposal of original records once those records are reproduced as provided for in subsection (2), unless disposal takes the form of transfer of records;. in that case, reproduction will Reproduction is not be necessary for transferred records. The reproduction or certified copy of a record may be used in place of the original for all purposes, including as evidence in any court or proceeding, and has the same force and effect as the original record.
(4) The secretary of state shall prepare enlarged typed or photographic copies of the records whenever their production is required by law.
(5) At least two copies shall must be made of all records reproduced as provided for in subsection (2). The secretary of state shall place one copy in a fireproof storage place and shall retain the other copy in his the office with suitable equipment for displaying a record by projection to not less than its original size and for preparing, for persons entitled thereto, copies of the record for persons entitled to copies.
(6) All duplicates of all records shall must be identified and indexed."
Section 49. Section 2-6-303, MCA, is amended to read:
"2-6-303. Ownership of records -- transfer. (1) All official records shall remain the property of the state. They shall must be delivered by outgoing officials to their successors and shall must be preserved, stored, transferred, destroyed, or disposed of and otherwise managed only in accordance with the provisions of this part.
(2) A public officer may, with the concurrence of the Montana historical society, transfer to the state archives official records that he the officer has been specifically directed by statute to preserve or keep in his that office."
Section 50. Section 2-6-304, MCA, is amended to read:
"2-6-304. Outgoing officials -- records management duties. (1) Within 2 years after the completion of the final term of office of a constitutionally designated and elected official of the executive branch of government, all of the official records not necessary to the current operation of that office shall be are subject to storage, disposal, or transfer in accordance with the provisions of this part.
(2) All official records of a retiring constitutionally designated and elected official not necessary to the current operation of that office and considered worthy of preservation by the Montana historical society shall must be transferred to the custody of the state archives within that 2-year period.
(3) An outgoing official, in consultation with staff members of the Montana historical society, shall review his official records and isolate any items of a purely personal nature. Such The personal papers are not subject to this part, but they may be deposited with the official papers at the official's discretion.
(4) An outgoing official, in consultation with staff members of the Montana historical society, may restrict access to certain segments of his official records. No restrictions Restrictions may not be longer than the lifetime of the depositing official. Restricted access may be imposed only to protect the confidentiality of personal information contained in the records. Restricted access may not be imposed unless the demand of individual privacy clearly exceeds the merits of public disclosure.
(5) Any question concerning the transfer or other status of official records arising between the state archives and an elected official's office shall must be decided by a four-fifths vote of the members of the state records committee."
Section 51. Section 2-7-103, MCA, is amended to read:
"2-7-103. Review by governor of executive branch by governor. The office of the governor shall continuously study and evaluate the organizational structure, management practices, and functions of the executive branch and of each agency. The governor shall, by executive order or other means within the authority granted to him the governor, take action to improve the manageability of the executive branch."
Section 52. Section 2-7-511, MCA, is amended to read:
"2-7-511. Access to public accounts -- suspension of officer in case of discrepancy. (1) The independent auditor may count the cash, verify the bank accounts, and verify all accounts of a public officer whose accounts the independent auditor is examining under law.
(2) If an officer of any county, city, town, school, or other local government entity refuses to provide the independent auditor access during an audit of the officer's accounts to his cash, bank accounts, or any of the papers, vouchers, or records of his that office or if the independent auditor finds a shortage of cash, the independent auditor shall immediately file a preliminary report showing the refusal of that officer or the existence of the shortage and the approximate amount of the shortage with the respective county, city, or town attorney and the governing body of the local government entity.
(3) Upon filing of the statement, the officer of the local government entity shall after notice and the opportunity for a hearing be suspended from the duties and emoluments of his office and the governing body of the local government entity shall appoint some a qualified person to the office pending completion of the audit.
(4) Upon the completion of the audit by the independent auditor, if a shortage of cash existed in the accounts of the officer, the independent auditor shall notify the governing body of the local government entity of the shortage.
(5) If the governing body finds that a shortage exists and that the officer suspended is, by act or omission, responsible for the shortage, the officer's right to the office is forfeited and the report of the audit shall must be referred to the county attorney."
Section 53. Section 2-8-105, MCA, is amended to read:
"2-8-105. Determination of agencies and programs to be reviewed. (1) Before September 1 of each even-numbered year, the governor may furnish the legislative audit committee with a list of his recommendations for agencies and programs to be terminated and subject to a performance audit during the next biennium pursuant to the provisions of this chapter. The list must be prioritized and must set forth the governor's reasons for recommending each agency or program for review.
(2) The legislative audit committee shall review the list submitted by the governor, suggestions from legislators and legislative committees, staff recommendations, and any other relevant information and compile recommendations of agencies and programs to be terminated and subject to a performance audit. The committee shall submit its recommendations to the next legislature in the form of a bill terminating those designated agencies and programs at the times specified in the bill and requiring a performance audit of each agency and program under the provisions of Title 2, chapter 8, within the time specified and prior to termination."
Section 54. Section 2-9-101, MCA, is amended to read:
"2-9-101. Definitions. As used in parts 1 through 3 of this chapter, the following definitions apply:
(1) "Claim" means any claim against a governmental entity, for money damages only, which that any person is legally entitled to recover as damages because of personal injury or property damage caused by a negligent or wrongful act or omission committed by any employee of the governmental entity while acting within the scope of his employment, under circumstances where the governmental entity, if a private person, would be liable to the claimant for such the damages under the laws of the state. For purposes of this section and the limit of liability contained in 2-9-108, all claims which that arise or derive from personal injury to or death of a single person, or damage to property of a person, regardless of the number of persons or entities claiming damages thereby, are considered one claim.
(2) (a) "Employee" means an officer, employee, or servant of a governmental entity, including elected or appointed officials, and persons acting on behalf of the governmental entity in any official capacity temporarily or permanently in the service of the governmental entity whether with or without compensation,.
(b) but the The term employee shall does not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the governmental entity to which parts 1 through 3 apply in the event of a claim.
(3) "Governmental entity" means and includes the state and political subdivisions as herein defined.
(4) "Personal injury" means any injury resulting from libel, slander, malicious prosecution, or false arrest, and any bodily injury, sickness, disease, or death sustained by any person and caused by an occurrence for which the state may be held liable.
(5) "Political subdivision" means any county, city, municipal corporation, school district, special improvement or taxing district, or any other political subdivision or public corporation.
(6) "Property damage" means injury or destruction to tangible property, including loss of use thereof of the property, caused by an occurrence for which the state may be held liable.
(7) "State" means the state of Montana or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality thereof of the state."
Section 55. Section 2-9-103, MCA, is amended to read:
"2-9-103. Actions under invalid law or rule -- same as if valid -- when. (1) If an officer, agent, or employee of a governmental entity acts in good faith, without malice or corruption, and under the authority of law and that law is subsequently declared invalid as in conflict with the constitution of Montana or the constitution of the United States, neither he that officer, agent, or employee, nor any other officer, agent, or employee of the represented governmental entity, he represents nor or the governmental entity he represents is not civilly liable in any action in which he, such other officer, the individuals or such governmental entity would not have been liable had if the law had been valid.
(2) If an officer, agent, or employee of a governmental entity acts in good faith, without malice or corruption, and under the authority of a duly promulgated rule or ordinance and that rule or ordinance is subsequently declared invalid, neither he that officer, agent, or employee, nor any other officer, agent, or employee of the represented governmental entity, he represents nor or the governmental entity he represents is not civilly liable in any action in which no liability would not attach had if the rule or ordinance had been valid."
Section 56. Section 2-9-112, MCA, is amended to read:
"2-9-112. Immunity from suit for judicial acts and omissions. (1) The state and other governmental units are immune from suit for acts or omissions of the judiciary.
(2) A member, officer, or agent of the judiciary is immune from suit for damages arising from his the lawful discharge of an official duty associated with judicial actions of the court.
(3) The judiciary includes those courts established in accordance with Article VII of The Constitution of the State of Montana."
Section 57. Section 2-9-305, MCA, is amended to read:
"2-9-305. Immunization, defense, and indemnification of employees. (1) It is the purpose of this section to provide for the immunization, defense, and indemnification of public officers and employees civilly sued for their actions taken within the course and scope of their employment.
(2) In any noncriminal action brought against any employee of a state, county, city, town, or other governmental entity for a negligent act, error, or omission, including alleged violations of civil rights pursuant to 42 U.S.C. 1983, or other actionable conduct of the employee committed while acting within the course and scope of the employee's office or employment, the governmental entity employer, except as provided in subsection (6), shall defend the action on behalf of the employee and indemnify the employee.
(3) Upon receiving service of a summons and complaint in a noncriminal action against him an employee, the employee shall give written notice to his the employee's supervisor requesting that a defense to the action be provided by the governmental entity employer. If the employee is an elected state official or other employee having no who does not have a supervisor, the employee shall give notice of the action to the legal officer or agency of the governmental entity defending the entity in legal actions of that type. Except as provided in subsection (6), the employer shall offer a defense to the action on behalf of the employee. The defense may consist of a defense provided directly by the employer. The employer shall notify the employee, within 15 days after receipt of notice, whether a direct defense will be provided. If the employer refuses or is unable to provide a direct defense, the defendant employee may retain other counsel. Except as provided in subsection (6), the employer shall pay all expenses relating to the retained defense and pay any judgment for damages entered in the action that may be otherwise payable under this section.
(4) In any noncriminal action in which a governmental entity employee is a party defendant, the employee shall must be indemnified by the employer for any money judgments or legal expenses, including attorney fees either incurred by the employee or awarded to the claimant, or both, to which the employee may be subject as a result of the suit unless the employee's conduct falls within the exclusions provided in subsection (6).
(5) Recovery against a governmental entity under the provisions of parts 1 through 3 of this chapter constitutes a complete bar to any action or recovery of damages by the claimant, by reason of the same subject matter, against the employee whose negligence or wrongful act, error, or omission, or other actionable conduct gave rise to the claim. In any such an action against a governmental entity, the employee whose conduct gave rise to the suit is immune from liability by reasons of the same subject matter if the governmental entity acknowledges or is bound by a judicial determination that the conduct upon which the claim is brought arises out of the course and scope of the employee's employment, unless the claim constitutes an exclusion provided in (b) through (d) of subsection (6) subsections (6)(b) through (6)(d).
(6) In a noncriminal action in which a governmental entity employee is a party defendant, the employee may not be defended or indemnified by the employer for any money judgments or legal expenses, including attorney fees, to which the employee may be subject as a result of the suit if a judicial determination is made that:
(a) the conduct upon which the claim is based constitutes oppression, fraud, or malice, or for any other reason does not arise out of the course and scope of the employee's employment;
(b) the conduct of the employee constitutes a criminal offense as defined in Title 45, chapters 4 through 7;
(c) the employee compromised or settled the claim without the consent of the government entity employer; or
(d) the employee failed or refused to cooperate reasonably in the defense of the case.
(7) If no a judicial determination has not been made applying the exclusions provided in subsection (6), the governmental entity employer may determine whether those exclusions apply. However, if there is a dispute as to whether the exclusions of subsection (6) apply and the governmental entity employer concludes that it should clarify its obligation to the employee arising under this section by commencing a declaratory judgment action or other legal action, the employer is obligated to provide a defense or assume the cost of the defense of the employee until a final judgment is rendered in such that action holding that the employer had no did not have an obligation to defend the employee. The governmental entity employer has no does not have an obligation to provide a defense to the employee in a declaratory judgment action or other legal action brought against the employee by the employer under this subsection."
Section 58. Section 2-9-314, MCA, is amended to read:
"2-9-314. Court approval of attorney's fee attorney fees. (1) When an attorney represents or acts on behalf of a claimant or any other party on a tort claim against the state or a political subdivision thereof of the state, the attorney shall file with the claim a copy of the contract of employment showing specifically the terms of the fee arrangement between the attorney and the claimant.
(2) The district court may regulate the amount of the attorney's fee attorney fees in any tort claim against the state or a political subdivision thereof of the state. In regulating the amount of the fee fees, the court shall consider the time the attorney was required to spend on the case, the complexity of the case, and any other relevant matter the court may consider appropriate.
(3) Attorneys' Attorney fees regulated under this section shall must be made a part of the court record and are open to the public.
(4) If an attorney violates a provision of this section, a rule of court adopted under this section, or an order fixing attorney's attorney fees under this section, he the attorney forfeits the right to any fee which he fees that the attorney may have collected or been entitled to collect."
Section 59. Section 2-9-504, MCA, is amended to read:
"2-9-504. Conditions, form, and signatures. (1) The condition of every an official bond must be that the principal shall well, truly, and faithfully perform all official duties then required of him the principal by law and also such any additional duties as that may be imposed on him the principal by any law of the state subsequently enacted and that he the principal will account for, and pay over, and deliver to the person or officer entitled to receive the same all moneys money or other property that may come into his hands the principal receives as such an officer.
(2) The principal and sureties upon any an official bond are also in all cases liable for the neglect, default, or misconduct in office of any deputy, clerk, or employee appointed or employed by such the principal.
(3) All official Official bonds must be signed and executed by the principal and two or more sureties or by the principal and one or more surety companies organized as such under the laws of this state or licensed to do business herein in this state.
(4) All official Official bonds must be in form joint and several and made payable to the state of Montana in such penalty the amount and with such the conditions as required by this part or the law creating or regulating the duties of the office."
Section 60. Section 2-9-507, MCA, is amended to read:
"2-9-507. Sureties' qualifications. (1) The individual sureties on all official bonds must shall justify, before an officer authorized to administer oaths, by an affidavit to the effect that they are residents and householders or freeholders within the state and that each is worth the sum for which he the individual becomes surety in said the bond over and above his the individual's just debts and liabilities, exclusive of property exempt from execution.
(2) No A surety company or corporation organized under or that has complied with the laws of this state and that has been duly licensed to do business as such herein shall in this state may not be required to justify as a surety. No such A company or corporation shall may not be accepted as a surety in any a case when its liabilities exceed its assets, as ascertained in the manner provided by law.
(3) No A member of the board of county commissioners can may not be accepted as a surety upon the official bond of any county, township, or school district officer in his the commissioner's county, nor must any and a county officer become may not be a surety upon the official bond of any other county officer."
Section 61. Section 2-9-511, MCA, is amended to read:
"2-9-511. Extent of sureties' liability -- when less than full. (1) Every An official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties therein for any and all breaches of the conditions thereof of the bond committed during the time such the officer continues to discharge any of the duties of or hold the office and whether such the breaches are committed or suffered by the principal officer, his or the officer's deputy, or clerk.
(2) Every such A surety bond is in force and obligatory upon the principal and sureties therein for the faithful discharge of all duties which that may be required of such the officer by any law enacted subsequently to the execution of such the bond, and such that condition must be expressed therein in the bond.
(3) When the penal sum of any a bond required to be given amounts to more than $1,000, the sureties may become severally liable for portions not less than $500, making in the aggregate a liability of double the amount named as the penal sum of the bond. If any such a bond becomes is forfeited, an action may be brought thereon on the bond against any or all of the obligors and judgment may be entered against them, either jointly or severally, as they may be liable. The judgment must may not be entered against a surety severally bound for a greater sum than that for which he the surety is specially liable by the terms of the bond. Each surety is liable to contribute to his the cosureties in proportion to the amount for which he the surety is liable."
Section 62. Section 2-9-512, MCA, is amended to read:
"2-9-512. Defects not to affect liability. (1) Whenever If an official bond does not contain the substantial matter or conditions required by law or there are any defects in the approval or filing thereof of the bond, it is not void so as to discharge such the officer and sureties,. but they The sureties are equitably bound to the state or party interested, and the state or such the party may, by action in any court of competent jurisdiction, suggest the defect in the bond, approval, or filing and recover the proper and equitable demand or damages from such the officer and the persons who intended to become and were included as sureties in such the bond.
(2) No An official bond entered into by any an officer or any a bond, recognizance, or written undertaking taken by any an officer in the discharge of the duties of his office shall be is not void for want of form, substance, recital, or condition or the principal or surety be discharged. The principal and surety shall must be bound by such the bond, recognizance, or written undertaking to the full extent contemplated by the law requiring the same bond and the sureties to the amount specified in the bond, or recognizance, or written undertaking. In all actions on a defective bond, recognizance, or written undertaking, the plaintiff or relator may suggest the defect in his the complaint and recover to the same extent as if such the bond, recognizance, or written undertaking were perfect in all respects."
Section 63. Section 2-9-513, MCA, is amended to read:
"2-9-513. Insufficiency of sureties -- action to vacate office. (1) Whenever it is shown by the affidavit of a credible witness or otherwise comes to the knowledge of the court, judge, board, person, or body whose duty it is to approve the official bond of any officer that the one or more sureties on any a bond given pursuant to the provisions of this part or any one of them have, since such the bond was approved, died, removed from left the state, become insolvent, or from any other cause have become incompetent or insufficient sureties on such the bond, the court, judge, board, officer, or other person may issue a citation to such the officer requiring him the officer on a day therein named in the citation, not less than 5 or more than 10 days after date the citation was issued, to appear and show cause why such the office should not be vacated, which. The citation must be served and the return thereof of the citation must be made as in other cases.
(2) If the officer fails to appear and show good cause why such the office should not be vacated on the day named or fails to give ample additional security, the court, judge, board, officer, or other person must shall make an order vacating the office. The same office must be filled as approved provided by law."
Section 64. Section 2-9-514, MCA, is amended to read:
"2-9-514. Additional security. (1) The additional bond given pursuant to 2-9-513(2) must be in such the penalty as directed by the court, judge, board, officer, or other person and in all other respects similar to the original bond and approved by and filed with the same officer as required in case of the approval and filing of the original bond.
(2) Every such Each additional bond so filed and approved is of like force and obligation upon the principal and sureties therein, from the time of its execution, and subjects the officer and his the sureties to the same liabilities, suits, and actions as that are prescribed respecting the original bonds of officers.
(3) In no case is the The original bond is not discharged or affected when an additional bond has been given, but the same original bond remains of like the same force and obligation as if such the additional bond had not been given."
Section 65. Section 2-9-515, MCA, is amended to read:
"2-9-515. Additional security -- liability of officers and sureties. The officer and his the officer's sureties are liable to any party injured by the breach of any condition of an official bond, after the execution of the additional bond, upon either or both bonds. Such The injured party may bring his an action upon either bond, or he may bring separate actions on the bonds respectively. He The injured party may allege the same cause of action and may recover judgment therefor in each suit."
Section 66. Section 2-9-516, MCA, is amended to read:
"2-9-516. Separate judgments. If separate judgments are recovered on the surety bonds by such an injured party for the same cause of action, he the injured party is entitled to have execution issued on such the judgments respectively but he must the injured party may only collect, by execution or otherwise, only the amount actually adjudged to him on the same causes of action in one of the suits, together with the costs of both suits."
Section 67. Section 2-9-523, MCA, is amended to read:
"2-9-523. Proceedings to obtain release. (1) Any A surety desiring to be released from liability on the bond of any county or township officer shall file a statement in writing, duly subscribed by himself the surety or someone in his on the surety's behalf setting forth the name and office of the bonded person for whom he is surety, the amount for which he the surety is liable as such, and his the surety's desire to be released from further liability on account thereof of the bond.
(2) A notice containing the object of such the statement shall must be served personally on the principal unless he shall have the principal has left the state or his the principal's whereabouts cannot after due and diligent search and inquiry be ascertained, in which case the same notice may be served by publication once a week for four successive publications in some a newspaper of general circulation published in the county where the bond is filed on record. The statement, except when the county clerk and recorder or county commissioners are principals, shall must be filed with the county clerk and recorder. When the county clerk and recorder or county commissioners are principals, the statement shall must be filed with the district court judge.
(3) Any A surety desiring to be released from liability on the bond of any city or town officer shall file and serve a similar statement with the city or town clerk or mayor.
(4) Any A surety desiring to be released from an executor's, administrator's, or guardian's bond or undertaking shall file and serve a similar statement with the proper officer, person, or authority where with whom the bond is filed on record.
(5) All statements provided for in this section must be served personally on the principal as provided in this section provided if he the principal can be found for service in the state;. if not, he If the principal cannot be found in the state, the principal may be served by publication in a newspaper at the county seat as hereinbefore provided in subsection (2), or, if no a newspaper be is not published thereat in that county, then in a newspaper published in an adjoining county, without any order from any court or other authority. In all cases for which publication is provided, a printed or written notice posted in at least 10 conspicuous places in the county for the time specified for publication of said the notice shall be deemed is considered legal notice thereof."
Section 68. Section 2-9-524, MCA, is amended to read:
"2-9-524. Amount of new bond -- failure to file. (1) Whenever a statement is filed or filed and served as herein provided in this part, the proper authority shall prescribe the penalty or amount in which a new or additional bond or undertaking shall must be filed unless already provided by statute. If no such an order be is not made, then such the new or additional bond or undertaking shall must be executed for the same amount as the original.
(2) If any an officer or person shall fail fails to file a new or additional bond or undertaking within 20 days from the date of personal service or within 40 days from the date of the first publication or of posting of notice, as provided herein in this part, a new or additional bond or undertaking, the office or appointment of the person or officer so failing shall become becomes vacant and such the officer or person shall forfeit his forfeits the office or appointment. The same shall office or position must be filled as in other cases of vacancy and in the manner provided by law.
(3) The person applying to be released from liability on such the bond or undertaking shall may not be holden or held liable thereon on the bond after the date herein provided for the vacating and forfeiting of such the office or appointment."
Section 69. Section 2-9-527, MCA, is amended to read:
"2-9-527. Suit on bonds. (1) Every An official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties therein to and for the state and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of such the officer in his the officer's official capacity. Any A person so injured or aggrieved may bring suit on such the bond, in his the person's own name, without an assignment thereof.
(2) No such A bond is not void on the first recovery of a judgment thereon on the bond. Suit may be afterwards brought, from time to time, and judgment recovered thereon on the bond by the state or by any person to whom a right of action has accrued against such the officer and his the sureties until the whole penalty of the bond is exhausted."
Section 70. Section 2-9-528, MCA, is amended to read:
"2-9-528. Lien on real estate of surety -- action to compel specific performance. (1) When an action is commenced in any court in this state, for the benefit to the state, to enforce the penalty of or to recover money upon an official bond or obligation or any bond or obligation executed in favor of the state of Montana or of the people of this state, the attorney or other person prosecuting the action may file with the clerk of the court in which the action is commenced an affidavit stating either positively or on information and belief that such the bond or obligation was executed by the defendant or one or more of the defendants (designating whom) and made payable to the people of the state or to the state and that the defendant or defendants have real estate or some interest in lands land (designating the county or counties in which the same land is situated) and that the action is prosecuted for the benefit of the state. The clerk of the court receiving such the affidavit must shall certify to the county clerk and recorder of the county in which such the real estate is situated the names of the parties to the action, the name of the court in which the action is pending, and the amount claimed in the complaint, along with the date of the commencement of the suit.
(2) Upon receiving such the certificate, the county clerk and recorder must shall endorse upon it the certificate the time of its reception receipt. Such The certificate must be filed in the same manner as notices of the pendency of action affecting real estate. Any judgment recovered in such the action is a lien upon all real estate belonging to the defendant situated in any county in which such the certificate is so filed or to one or more of such the defendants, for the amount the owner thereof of the real estate is or may be liable upon the judgment, from the filing of this certificate.
(3) In any action to compel the specific performance of an agreement to sell real estate affected by the lien created by the filing of the certificate mentioned referred to in subsection (2), which agreement was made prior to the filing of such the certificate, but the purchase price thereof of the real estate is not due until after the filing of said the certificate, the judge of the district court in which said the action for specific performance is tried must shall, if the purchaser is otherwise entitled to specific performance of such the agreement, order the said purchaser to pay the purchase price, or so as much thereof as of the purchase price that may be due, to the state treasurer, taking his the state treasurer's receipt therefor for the payment. Upon such payment, the purchaser is entitled to enforce the specific performance of the agreement and take said the real estate free from the liens created by the filing of said the certificate. The moneys so money paid to the state treasurer must be held by him, pending the litigation mentioned in said the certificate and subject to the lien created by the filing of said the certificate. If judgment is recovered against the defendant, the state treasurer in his the treasurer's settlement must shall pay to the county treasurer entitled to the same the amount due the county."
Section 71. Section 2-15-111, MCA, is amended to read:
"2-15-111. Appointment and qualifications of department heads. (1) The At the beginning of each gubernatorial term, the governor shall appoint at the beginning of each gubernatorial term each department head who is serves as a director as provided in this chapter.
(2) An appointment of a director by the governor is subject to the confirmation of the senate, except that the governor may appoint a director to assume office before the senate meets in its next regular session to consider the appointment. A director so appointed is vested with all the functions of the office upon assuming the office and is a de jure officer, notwithstanding the fact that the senate has not yet confirmed the appointment. If the senate does not confirm the appointment of a director, the governor shall make a new appointment.
(3) A director serves at the pleasure of the governor. The governor may remove a director at any time and appoint a new director to the office.
(4) The governor shall select a director on the basis of his the person's professional and administrative knowledge and experience and such additional qualifications as that are provided by law.
(5) If a vacancy occurs in the office of a director, the governor shall appoint a new director to serve at the pleasure of the governor.
(6) Heads of departments who are not directors shall must be elected or appointed and serve, and have their vacancies filled, as provided by law."
Section 72. Section 2-15-122, MCA, is amended to read:
"2-15-122. Creation of advisory councils. (1) (a) A department head or the governor may create advisory councils.
(b) An agency or an official of the executive branch of state government other than a department head or the governor, including the superintendents of the state's institutions and the presidents of the units of the state's university system, may also create advisory councils but only if federal law or regulation requires that such the official or agency create the advisory council as a condition to the receipt of federal funds.
(c) The board of public education, the board of regents of higher education, the state board of education, the attorney general, the state auditor, the secretary of state, and the superintendent of public instruction may create advisory councils, which shall serve at their pleasure, without the approval of the governor. They must The creating authority shall file a record of each council created by them in the office of the governor and the office of the secretary of state in accordance with subsection (9) of this section.
(2) Each advisory council created under this section shall must be known as the ".... advisory council".
(3) The creating authority shall:
(a) prescribe the composition and advisory functions of each advisory council created;
(b) appoint its members, who shall serve at the pleasure of the governor creating authority; and
(c) specify a date when the existence of each advisory council ends.
(4) Advisory councils may be created only for the purpose of acting in an advisory capacity as defined in 2-15-102.
(5) Unless he a member is a full-time salaried officer or employee of this state or of any political subdivision of this state, each member is entitled to be paid in an amount to be determined by the department head, not to exceed $25 for each day in which he the member is actually and necessarily engaged in the performance of council duties, and he the member is also entitled to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503, incurred while in the performance of council duties. Members who are full-time salaried officers or employees of this state or of any political subdivision of this state are not entitled to be compensated for their service as members but are entitled to be reimbursed for travel expenses as provided for in 2-18-501 through 2-18-503.
(6) Unless otherwise specified by the creating authority, at its first meeting in each year each an advisory council shall elect a chairman presiding officer and such other officers as that it considers necessary.
(7) Unless otherwise specified by the creating authority, each an advisory council shall meet at least annually and shall also meet on the call of the creating authority or the governor and may meet at other times on the call of the chairman presiding officer or a majority of its members. An advisory council may not meet outside the city of Helena without the express prior authorization of the creating authority.
(8) A majority of the membership of an advisory council constitutes a quorum to do business.
(9) Except as provided in subsection (1)(c) of this section, an advisory council may not be created or appointed by a department head or any other official without the approval of the governor. In order for the creation or approval of the creation of an advisory council to be effective, the governor must shall file in his the governor's office and in the office of the secretary of state a record of the council created showing the council's:
(a) name, in accordance with subsection (2) of this section;
(b) composition;
(c) names and addresses of the appointed members, including names and addresses;
(d) purpose; and
(e) term of existence, in accordance with subsection (10) of this section.
(10) An advisory council may not be created to remain in existence longer than 2 years after the date of its creation or beyond the period required to receive federal or private funds, whichever occurs later, unless extended by the governor or by the board of public education, the board of regents of higher education, the state board of education, the attorney general, the state auditor, the secretary of state, or the superintendent of public instruction for those advisory councils created in the manner set forth in subsection (1)(c) of this section. If the existence of an advisory council is extended, they the creating authority shall specify a new date, not more than 2 years later, when the existence of the advisory council ends and file a record of the order in the office of the governor and the office of the secretary of state. The existence of any advisory council may be extended as many times as necessary."
Section 73. Section 2-15-124, MCA, is amended to read:
"2-15-124. Quasi-judicial boards. If an agency is designated by law as a quasi-judicial board for the purposes of this section, the following requirements apply:
(1) The number of and qualifications of its members are as prescribed by law. In addition to those qualifications, unless otherwise provided by law, at least one member shall must be an attorney licensed to practice law in this state.
(2) The governor shall appoint the members. A majority of the members shall must be appointed to serve for terms concurrent with the gubernatorial term and until their successors are appointed. The remaining members shall must be appointed to serve for terms ending on the first day of the third January of the succeeding gubernatorial term and until their successors are appointed. It is the intent of this subsection that the governor appoint a majority of the members of each quasi-judicial board at the beginning of his the governor's term and the remaining members in the middle of his the governor's term. As used in this subsection, "majority" means the next whole number greater than half.
(3) The appointment of each member is subject to the confirmation of the senate then meeting in regular session or next meeting in regular session following the appointment. A member so appointed has all the powers of the office upon assuming that office and is a de jure officer, notwithstanding the fact that the senate has not yet confirmed the appointment. If the senate does not confirm the appointment of a member, the governor shall appoint a new member to serve for the remainder of the term.
(4) A vacancy shall must be filled in the same manner as regular appointments, and the member appointed to fill a vacancy shall serve for the unexpired term to which he the member is appointed.
(5) The governor shall designate the chairman presiding officer. The chairman presiding officer may make and second motions and vote.
(6) Members may be removed by the governor only for cause.
(7) Unless otherwise provided by law, each member is entitled to be paid $50 for each day in which he the member is actually and necessarily engaged in the performance of board duties, and he is also entitled to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503, incurred while in the performance of board duties. Members who are full-time salaried officers or employees of this state or of a political subdivision of this state are not entitled to be compensated for their service as members except when they perform their board duties outside their regular working hours or during time charged against their annual leave, but such those members are entitled to be reimbursed for travel expenses as provided for in 2-18-501 through 2-18-503. Ex officio board members may not receive compensation but shall must receive travel expenses.
(8) A majority of the membership constitutes a quorum to do business. A favorable vote of at least a majority of all members of a board is required to adopt any resolution, motion, or other decision, unless otherwise provided by law."
Section 74. Section 2-15-131, MCA, is amended to read:
"2-15-131. Rights of state personnel. Unless otherwise provided in this chapter, each state officer or employee affected by the a reorganization of the executive branch of state government under this chapter is entitled to all rights which he that the officer or employee possessed as a state officer or employee before the effective date of the applicable part of this chapter reorganization law, including rights to tenure in office and of rank or grade, rights to vacation pay, and sick pay, and leave, rights under any retirement or personnel plan or labor union contract, rights to compensatory time earned, and any other rights under any law or administrative policy. This section is not intended to create any new rights for any state officer or employee but to continue only those rights in effect before the effective date of the applicable part of this chapter or an amendment to this chapter the reorganization law."
Section 75. Section 2-15-132, MCA, is amended to read:
"2-15-132. Rights to property. The department or unit thereof of a department that succeeds to all or part of the functions of an agency under a reorganization within the executive branch also succeeds to the rights to all real and personal property of that agency relating to the functions or parts of functions transferred. The property includes real property, records, office equipment, supplies, contracts, books, papers, documents, maps, appropriations, accounts within and without outside of the state treasury, funds, vehicles, and all other similar property. However, the department or unit may not use or divert moneys money in a fund or account for a purpose other than provided by law. The governor shall resolve any conflict as to the proper disposition of the property, and his the governor's decision is final. This section does not apply to property owned by the federal government."
Section 76. Section 2-15-201, MCA, is amended to read:
"2-15-201. Powers and duties of governor. (1) In addition to the duties prescribed by the constitution, the governor shall perform the following duties:
(1)(a) He shall supervise the official conduct of all executive and ministerial officers.;
(2)(b) He shall see ensure that all offices are filled and that the duties thereof of the offices are performed or, in default thereof of the performance, apply such a remedy as that the law allows. If the remedy is imperfect, he the governor shall acquaint the legislature therewith with the issue at its next session.
(3)(2) (a) He The governor shall make the appointments and supply fill the vacancies as required by law. When a vacancy in a position on a council, board, commission, or committee has occurred or is expected to occur and must be filled by gubernatorial appointment, the governor shall have posted in a conspicuous place in the state capitol a notice:
(i) announcing the actual or anticipated vacancy in the position;
(ii) describing the qualifications for the position, if any; and
(iii) describing the procedure for applying for appointment to the position.
(b) A copy of the notice required under subsection (3)(a) (2)(a) must be sent to the lieutenant governor who may publish the notice in an appropriate publication.
(4)(3) He The governor is the sole official organ of communication between the government of this state and the government of any other state or of the United States.
(5)(4) Whenever any suit or legal proceeding is pending against this state or which that may affect the title of this state to any property or which that may result in any claim against the state, he the governor may direct the attorney general to appear on behalf of the state and may employ such additional counsel as he that the governor may judge expedient.
(6)(5) He The governor may require the attorney general or the county attorney of any county to inquire into the affairs or management of any corporation existing under the laws of this state.
(7)(6) He The governor may require the attorney general to aid the county attorney in the discharge of his the county attorney's duties.
(8)(7) He The governor may offer rewards not exceeding $1,000 each, payable out of the general fund, for the apprehension of any convict who has escaped from the state prison or any person who has committed or is charged with an offense punishable by death.
(9)(8) He The governor shall perform such the duties respecting fugitives from justice as that are prescribed by Title 46, chapter 30.
(10)(9) He The governor shall issue land warrants and patents, as prescribed in 77-2-342.
(11)(10) He The governor may require any officer or board to make special reports to him, upon demand, in writing.
(12)(11) He The governor shall discharge the duties of a member of the board of examiners, of a nonvoting ex officio member of the state board of education, and of a member of the board of land commissioners.
(13)(12) He The governor has the other powers and must shall perform the other duties as that are devolved upon him the governor by this code section or any other law of this state."
Section 77. Section 2-15-221, MCA, is amended to read:
"2-15-221. Governor-elect -- staff and services provided. (1) As used in this section, unless the context clearly indicates otherwise, "governor-elect" means the person elected at a general election to the office of governor who is not the incumbent governor.
(2) The department of administration shall provide the governor-elect and his the governor-elect's necessary staff with suitable office space in the capitol building, together with furnishings, supplies, equipment, and telephone service for the period between the general election and the inauguration.
(3) The governor-elect may obtain the assistance of persons of his the governor-elect's own choosing, between the general election and inauguration, and they shall must receive reasonable compensation for their services. These persons shall be are state employees, but they shall are not be subject to any civil service or personnel laws or rules of the state.
(4) In addition, the governor-elect may request that the department of administration assign one or more employees of the department of administration to assist the governor-elect and his the governor-elect's staff in the study and interpretation of information. Employees of the department of administration shall must be assigned for the time necessary between the general election and the inauguration.
(5) The funds necessary to carry out the provisions of this section shall must be included in the appropriation request of the department of administration to the legislature meeting in regular session immediately prior to a general election when a governor will be chosen."
Section 78. Section 2-15-302, MCA, is amended to read:
"2-15-302. Powers and duties of lieutenant governor. (1) The lieutenant governor may:
(a) prescribe rules for the administration of the office;
(b) hire personnel for the office and establish policy to be followed by such the personnel; and
(c) compile and submit a budget for the office.
(2) The lieutenant governor shall perform the duties provided by law and those delegated to him the lieutenant governor by the governor."
Section 79. Section 2-15-502, MCA, is amended to read:
"2-15-502. Qualification of assistants. Each assistant attorney general must be duly licensed to practice law in the state of Montana at the time of his appointment."
Section 80. Section 2-15-602, MCA, is amended to read:
"2-15-602. Deputy state auditor. (1) The state auditor shall appoint a deputy who in the absence of the principal or in the case of vacancy in his the office of state auditor shall perform all the duties of the office until such the disability be is removed or the vacancy be is filled.
(2) Such The deputy shall subscribe, take, and file the oath of office provided by law for other state officers before entering upon the performance of his the duties."
Section 81. Section 2-15-1202, MCA, is amended to read:
"2-15-1202. Adjutant general -- qualifications -- salary. (1) The adjutant general shall must:
(a) have the rank of major general;
(b) be selected from the active list of the national guard of this state;
(c) be federally recognized in the rank of lieutenant colonel or higher, immediately preceding his appointment;
(d) have had at least 10 years of service as an officer of the active national guard of this state during the 15 years immediately preceding his appointment.
(2) A salary may not be paid to the adjutant general by the state when he the adjutant general is on extended active duty in federal service or is receiving pay as a civilian employee of the federal government.
(3) If, by reason of call or draft of officers of the Montana national guard into federal service, there is no officer having the qualifications as set forth in this section for adjutant general, then any officer of the national guard may be appointed as acting adjutant general."
Section 82. Section 2-15-1203, MCA, is amended to read:
"2-15-1203. Assistant adjutant generals. (1) The adjutant general shall appoint, with the approval of the governor, an assistant adjutant general for the army national guard to be selected from the active list of the army national guard and an assistant adjutant general for the air national guard to be selected from the active list of the air national guard.
(2) Each assistant adjutant general shall must have the qualifications set forth in 2-15-1202 for appointment as adjutant general. However, he shall each assistant adjutant general must have the rank of brigadier general."
Section 83. Section 2-15-1515, MCA, is amended to read:
"2-15-1515. Commission on federal higher education programs. (1) There is a commission on federal higher education programs that may be called into existence by the board of regents of higher education from time to time as the need arises. Whenever the commission is called into existence, the board shall request that the governor to appoint members pursuant to subsection (2)(b).
(2) The commission consists of:
(a) ex officio, the appointed members of the board of regents of higher education; and
(b) a representative of each accredited private college or university in this state appointed by the governor from the board of trustees of each private college or university upon the request of the board of regents of higher education.
(3) The commission members appointed pursuant to subsection (2)(b) shall serve for the period of existence of the commission; however, such. However, the period of service may not exceed 4 years and is contingent upon continued status as a trustee. If a vacancy occurs in a position held by an individual appointed pursuant to subsection (2)(b), the governor shall appoint a replacement.
(4) The chairman presiding officer of the board of regents of higher education is chairman the presiding officer of the commission.
(5) The commissioner of higher education is the administrative officer of the commission.
(6) The commission is allocated to the board of regents of higher education for administrative purposes only as provided in 2-15-121.
(7) The commission members are entitled to compensation as provided in 2-15-124(7).
(8) The board of regents of higher education may terminate the commission from time to time when there is no need for its existence."
Section 84. Section 2-15-1521, MCA, is amended to read:
"2-15-1521. Cultural and aesthetic projects advisory committee -- terms and compensation. (1) There is a cultural and aesthetic projects advisory committee.
(2) The committee consists of 16 members, appointed as follows:
(a) eight members appointed by the Montana historical society board of trustees; and
(b) eight members appointed by the Montana arts council.
(3) Members shall hold office for serve terms of 4 years beginning January 1 following their appointment.
(4) A member may be removed by the appointing authority.
(5) All vacancies shall must be filled by the original appointing authority.
(6) The committee shall elect a chairman and vice-chairman presiding officer and a vice presiding officer.
(7) Members of the committee are entitled to compensation of $25 a day and travel expenses, as provided for in 2-18-501 through 2-18-503, for each day in attendance at a committee meeting."
Section 85. Section 2-15-1701, MCA, is amended to read:
"2-15-1701. Department of labor and industry -- head. (1) There is a department of labor and industry. As prescribed in Article XII, section 2, of the Montana constitution, the department head is the commissioner of labor and industry.
(2) The commissioner shall must be appointed and serve as provided for directors in 2-15-111.
(3) The commissioner shall must receive an annual salary in such an amount as may be specified by the legislature in the appropriation to the department of labor and industry equal to other department directors.
(4) Before entering on the duties of his the office, he the commissioner shall must take and subscribe to the oath of office prescribed by the Montana constitution."
Section 86. Section 2-15-1742, MCA, is amended to read:
"2-15-1742. Board of veterinary medicine. (1) There is a board of veterinary medicine.
(2) The board consists of six members appointed by the governor with the consent of the senate, five of whom must be licensed veterinarians and one of whom must be a public member who is a consumer of veterinary services and who may not be a licensee of the board or of any other board under the department of labor and industry.
(3) Each veterinarian member must be a reputable licensed veterinarian who has graduated from a college that is authorized by law to confer degrees and have that has educational standards equal to those approved by the American veterinary medical association. Each veterinarian member shall must have actually and legally practiced veterinary medicine in either private practice or public service in this state for at least 5 years immediately before his appointment.
(4) Each member shall serve for a term of 5 years. The governor may, after notice and hearing, remove a member for misconduct, incapacity, or neglect of duty.
(5) The board is allocated to the department for administrative purposes only as prescribed provided in 2-15-121."
Section 87. Section 2-15-1744, MCA, is amended to read:
"2-15-1744. Board of social work examiners and professional counselors. (1) (a) The governor shall appoint a board of social work examiners and professional counselors consisting of seven members.
(b) Three members must be licensed social workers, and three must be licensed professional counselors.
(c) One member must be appointed from and represent the general public and may not be engaged in social work.
(d) The board is allocated to the department for administrative purposes only as prescribed provided in 2-15-121.
(e) The board is designated as a quasi-judicial board. Members are appointed, serve, and are subject to removal in accordance with 2-15-124.
(2) Notwithstanding the qualifications for appointment contained in subsection (1), a person may be appointed to the board without being licensed as a professional counselor if he the person is issued a license under Title 37, chapter 23, within 30 days after his appointment."
Section 88. Section 2-15-1748, MCA, is amended to read:
"2-15-1748. Board of physical therapy examiners. (1) There is a board of physical therapy examiners.
(2) The board consists of five members appointed by the governor with the consent of the senate for a term terms of 3 years. The members are:
(a) three physical therapists licensed under Title 37, chapter 11, who have been actively engaged in the practice of physical therapy for the 3 years preceding appointment to the board;
(b) one physician licensed under Title 37, chapter 3, who has been actively engaged in the practice of medicine for the 3 years preceding appointment to the board; and
(c) one member of the general public who is not a physician or a physical therapist.
(3) Each member must have been a resident of Montana for the 3 years preceding appointment to the board.
(4) The Montana medical association may submit names of nominees under subsection (2)(b) to the governor as provided in 37-1-132.
(5) A vacancy on the board must be filled in the same manner as the original appointment. These appointments may only be made only for the unexpired portions of the term.
(6) No A member may not be appointed for more than two consecutive terms.
(7) The governor may remove any board member for negligence in performance of any duty required by law and for incompetence or unprofessional or dishonorable conduct.
(8) A board member is not liable to civil action for any act performed in good faith in the execution of the duties required by Title 37, chapter 11.
(9) The board shall provide for its organizational structure by rule, which shall must include a chairman, vice-chairman, presiding officer, vice presiding officer, and secretary-treasurer.
(10) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121."
Section 89. Section 2-15-1814, MCA, is amended to read:
"2-15-1814. Board of housing -- allocation -- composition -- quasi-judicial. (1) There is a board of housing.
(2) The board consists of seven members appointed by the governor as provided in 2-15-124. The members shall must be informed and experienced in housing, economics, or finance.
(3) The board shall elect a chairman presiding officer and other necessary officers.
(4) The board is designated as a quasi-judicial board for purposes of 2-15-124.
(5) The board is allocated to the department of commerce for administrative purposes only as provided in 2-15-121.
(6) In compliance with the state pay plan, the department shall provide all staff and services to the board as that are determined by the board in conjunction with the department to be necessary for the purposes of carrying out the board's programs. The department shall assess the board for reasonable costs.
(7) A member of the board shall may not be deemed considered to have a conflict of interest under the provisions of 2-2-201 merely because the member is a stockholder, officer, or employee of a lending institution who that may participate in the board's programs."
Section 90. Section 2-15-3002, MCA, is amended to read:
"2-15-3002. Montana wheat and barley committee -- composition -- allocation. (1) There is a Montana wheat and barley committee.
(2) The committee consists of seven members and three ex officio, nonvoting members.
(3) The governor shall appoint one member from each of the following districts:
(a) District I, consisting of Daniels, Sheridan, and Roosevelt Counties;
(b) District II, consisting of Valley, Phillips, Blaine, and Hill Counties;
(c) District III, consisting of Liberty, Toole, Glacier, and Pondera Counties;
(d) District IV, consisting of Chouteau and Teton Counties;
(e) District V, consisting of Lewis and Clark, Cascade, Judith Basin, Fergus, Petroleum, Meagher, Broadwater, Wheatland, Golden Valley, and Musselshell Counties;
(f) District VI, consisting of Big Horn, Yellowstone, Stillwater, Carbon, Sweet Grass, Park, Gallatin, Madison, Jefferson, Silver Bow, Beaverhead, and all counties west of the continental divide;
(g) District VII, consisting of Garfield, McCone, Rosebud, Richland, Dawson, Wibaux, Prairie, Carter, Custer, Fallon, Powder River, and Treasure Counties.
(4) The ex officio members are:
(a) the director of the department of agriculture;
(b) the dean of agriculture of Montana state university-Bozeman;
(c) a representative of the grain trade in Montana elected by a majority of the appointed members.
(5) Each of the appointed members must be a citizen of Montana, derive a substantial portion of his the member's income from growing wheat or barley in this state, and be a resident of and have farming operations in the district from which appointed. No more than four of the appointed members may be of the same political party.
(6) A list of nominees for appointment may be submitted to the governor by the Montana farmers union, Montana farm bureau, Montana grange, Montana women involved in farm economics, and the Montana grain growers association. Names of nominees must be submitted not more than 90 days but not less than 30 days before the expiration of a committeeman's member's term.
(7) The appointed members shall serve staggered terms of 3 years. A member may not serve more than three consecutive 3-year terms.
(8) A member may be removed by the governor, after a full public hearing before the governor, for malfeasance, misfeasance, or neglect of duty. Removal proceedings may not be started except upon duly verified written charges. The member must be given a copy of the written charges at least 10 days in advance of the hearing. At the hearing, the member may be represented by an attorney and may present witnesses in his on the member's behalf.
(9) A member who ceases to reside in the state or in the district from which he the member was appointed or who ceases to grow wheat or barley in the state or district is disqualified from membership, and his the office becomes vacant. If the member refuses to recognize his the member's disqualification, the refusal is cause for removal.
(10) The committee is allocated to the department for administrative purposes only as prescribed provided in 2-15-121."
Section 91. Section 2-15-3003, MCA, is amended to read:
"2-15-3003. Board of hail insurance. (1) There is a board of hail insurance of five members consisting of the state auditor, the director of agriculture, who is secretary of the board, and three other members to be appointed by the governor and confirmed by the senate.
(2) The governor shall designate one of the appointive members to act as chairman presiding officer of the board.
(3) Whenever the term of any member expires, either by death, resignation, removal for cause, or expiration of his the member's term of office, the governor shall appoint his a successor and shall also appoint one of the board for chairman as presiding officer in case of a vacancy in that office.
(4) Each appointive member of the board shall must be appointed for 3 years, except when such an appointment is made to fill a vacancy on the board, in which event such case the appointee shall fill out the unexpired term of the member whose place he the appointee fills.
(5) All members of the board shall be are subject to removal for cause by the governor.
(6) The board is allocated to the department of agriculture for administrative purposes only as prescribed provided in 2-15-121. The department may charge the board for services provided by the department pursuant to 2-15-121. The costs charged by the department must be commensurate with the cost of the services provided."
Section 92. Section 2-15-3305, MCA, is amended to read:
"2-15-3305. Rangeland resources committee. (1) The governor may select a committee of six members in accordance with subsection (2) which that is composed as follows of:
(a) a chairman presiding officer who is a rancher;
(b) a vice-chairman vice presiding officer who is a rancher;
(c) a rancher from the eastern area of the state;
(d) a rancher from the northern area of the state;
(e) a rancher from the area of the state west of the continental divide;
(f) a rancher from the southern area of the state.
(2) The governor shall select the members described in subsections (1)(a) through (1)(f) subsection (1) from a list submitted by the executive committee of the association of conservation districts and the board of directors of the Montana association of state grazing districts.
(3) The committee members shall serve without compensation.
(4) All persons appointed to the committee shall serve at the pleasure of the governor.
(5) The committee is allocated to the department for administrative purposes only as prescribed provided in 2-15-121."
Section 93. Section 2-15-3104, MCA, is amended to read:
"2-15-3104. Livestock crimestoppers commission. (1) There is a livestock crimestoppers commission.
(2) The commission consists of five members appointed by the chairman presiding officer of the board of livestock. The members are:
(a) the administrator of the brands enforcement division, or his the administrator's designee;
(b) a member of the board of livestock, or his the member's designee;
(c) a law enforcement official; and
(d) two members of the public, appointed at large.
(3) The commission shall elect a chairman presiding officer from its members.
(4) A member must be appointed for a term of 2 years and may be reappointed.
(5) (a) A vacancy must be filled within 14 days of occurrence in the same manner as the original appointment.
(b) A vacancy does not impair the right of the remaining members to exercise the powers of the commission.
(6) The commission is allocated to the department of livestock for administrative purposes only as provided in 2-15-121."
Section 94. Section 2-15-3331, MCA, is amended to read:
"2-15-3331. Flathead basin commission -- term of appointment -- quorum -- vacancy -- chairman -- vote. (1) The commission members shall serve staggered 4-year terms.
(2) A majority of the membership, other than ex officio members, constitutes a quorum of the commission.
(3) A vacancy on the commission must be filled in the same manner as regular appointments, and the member so appointed shall serve for the unexpired term to which he the member is appointed.
(4) The commission shall select a chairman presiding officer from among its members. The chairman presiding officer may make motions and vote.
(5) A favorable vote of at least a majority of all members, except ex officio members, of the commission is required to adopt any resolution, motion, or other decision of the commission."
Section 95. Section 2-15-3402, MCA, is amended to read:
"2-15-3402. Fish, wildlife, and parks commission -- composition -- qualifications -- quasi-judicial. (1) There is a fish, wildlife, and parks commission.
(2) The commission consists of five members. At least one member must be experienced in the breeding and management of domestic livestock. The governor shall appoint one member from each of the following districts:
(a) District No. 1, consisting of Lincoln, Flathead, Sanders, Lake, Mineral, Missoula, Powell, Ravalli, Granite, and Lewis and Clark Counties;
(b) District No. 2, consisting of Deer Lodge, Silver Bow, Beaverhead, Madison, Jefferson, Broadwater, Gallatin, Park, and Sweet Grass Counties;
(c) District No. 3, consisting of Glacier, Toole, Liberty, Hill, Pondera, Teton, Chouteau, Cascade, Judith Basin, Fergus, Blaine, Meagher, and Wheatland Counties;
(d) District No. 4, consisting of Phillips, Valley, Daniels, Sheridan, Roosevelt, Petroleum, Garfield, McCone, Richland, Dawson, and Wibaux Counties;
(e) District No. 5, consisting of Golden Valley, Musselshell, Stillwater, Carbon, Yellowstone, Big Horn, Treasure, Rosebud, Custer, Powder River, Carter, Fallon, and Prairie Counties.
(3) Appointments must be made without regard to political affiliation and must be made solely for the wise management of the fish, wildlife, and state parks and other outdoor recreational resources of this state. A person may not be appointed to the commission unless he the person is informed or interested and experienced in the subject of wildlife, fish, wildlife, parks, and outdoor recreation and the requirements for the conservation and protection of wildlife, fish, wildlife, parks, and outdoor recreational resources.
(4) A vacancy occurring on the commission must be filled by the governor in the same manner and from the district in which the vacancy occurs.
(5) The fish, wildlife, and parks commission is designated as a quasi-judicial board for purposes of 2-15-124. Notwithstanding the provisions of 2-15-124(1), the governor is not required to appoint an attorney to serve as a member of the commission."
Section 96. Section 2-16-102, MCA, is amended to read:
"2-16-102. Qualifications generally -- age and citizenship. (1) Provisions respecting disqualifications for particular offices are contained in the constitution and in the provisions of the codes laws concerning the various offices.
(2) No A person is not eligible to hold civil office in this state who at the time of his election or appointment is not of the age of 18 years of age or older and a citizen of this state."
Section 97. Section 2-16-114, MCA, is amended to read:
"2-16-114. Facsimile signatures and seals. (1) As used in this section, the following definitions apply:
(a) "Authorized officer" means any official of this state or any of its departments, agencies, public bodies, or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted.
(b) "Facsimile signature" means a reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer.
(c) "Instrument of payment" means a check, draft, warrant, or order for the payment, delivery, or transfer of funds.
(d) "Public security" means a bond, note, certificate of indebtedness, or other obligation for the payment of money issued by this state or by any of its departments, agencies, public bodies, or other instrumentalities or by any of its political subdivisions.
(2) Any An authorized officer, after filing with the secretary of state or, in the case of officers of any city, town, county, school district, or other political subdivision, with the clerk of such the subdivision, his the officer's manual signature certified by him the officer under oath, may execute or cause to be executed with a facsimile signature in lieu of his the manual signature:
(a) any public security, provided that at least one signature required or permitted to be placed thereon shall on the security must be manually subscribed, but no such manual subscription shall be is not required as to for interest coupons attached to such the security; and
(b) any instrument of payment.
(3) Upon compliance with this section by the authorized officer, his the facsimile signature has the same legal effect as his a manual signature.
(4) When the seal of this state or any of its departments, agencies, public bodies, or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped, or otherwise placed in facsimile thereon on the security or instrument. The facsimile seal has the same legal effect as the impression of the seal.
(5) Any A person who with intent to defraud uses on a public security or an instrument of payment a facsimile signature or any reproduction of it of any authorized officer or any facsimile seal or any reproduction of it of this state or any of its departments, agencies, public bodies, or other instrumentalities or of any of its political subdivisions is guilty of a felony."
Section 98. Section 2-16-115, MCA, is amended to read:
"2-16-115. Signature of officer acting ex officio. When an officer discharges ex officio the duties of another an office other than that to which he the officer is elected or appointed, his the officer's official signature and attestation, except as otherwise provided by law, must be in the name of the office the duties of which he the officer discharges the duties."
Section 99. Section 2-16-202, MCA, is amended to read:
"2-16-202. Title contested -- salary withheld. (1) When the title of the incumbent of any office in this state is contested by proceedings instituted in any court for that purpose, no a warrant can thereafter may not be drawn or paid for any part of his the incumbent's salary until such the proceedings have been finally determined.
(2) As soon as such the proceedings are instituted, the clerk of the court in which they are pending must shall certify the facts to the officers whose duty it would otherwise be to draw such the warrant or pay such the salary."
Section 100. Section 2-16-212, MCA, is amended to read:
"2-16-212. Filing. (1) Whenever Unless a different time is not prescribed by law, the oath of office must be taken, subscribed, and filed within 30 days after the officer has notice of his election or appointment or before the expiration of 15 days from the commencement of his the term of office when no such a notice of election or appointment has not been given.
(2) Every An oath of office, certified by the officer before whom the same oath was taken, must be filed within the time required by law, except when otherwise specially provided, as follows:
(a) the oath of all officers whose authority is not limited to any particular county, in the office of the secretary of state;
(b) the oath of all officers, elected or appointed for any county and of all officers whose duties are local or whose residence in any particular county is prescribed by law and of the clerks of the district courts, in the offices of the clerks of the respective counties."
Section 101. Section 2-16-213, MCA, is amended to read:
"2-16-213. Term of office -- holdover -- assumption of office. (1) Every An office of for which the duration is not fixed by law is held at the pleasure of the appointing power authority.
(2) Every An officer must shall continue to discharge the duties of his the office, although his the term has expired, until his a successor has qualified.
(3) Notwithstanding the provisions of subsection (2), an appointee who is by law subject to confirmation by the senate may, upon expiration of or vacancy in the previous term, assume the office to which appointed and is a de jure officer, notwithstanding the fact that even though the senate has not yet confirmed the appointment. If the senate rejects the appointment, the office becomes vacant."
Section 102. Section 2-16-303, MCA, is amended to read:
"2-16-303. Powers. In all cases not otherwise provided for, each deputy possesses the powers and may perform the duties attached by law to the office of his the principal."
Section 103. Section 2-16-406, MCA, is amended to read:
"2-16-406. Salary for all services -- how paid. (1) The salary of each such officer shall be is for all services that are required of him the officer or which that may hereafter devolve upon him be assigned to the office by law, including all services rendered ex officio as a member of any board, commission, or committee, but shall may not include actual necessary travel, lodging, and subsistence expenses incidental to his official duties.
(2) Unless otherwise provided by law, the salaries of officers must be paid out of the general fund in the state treasury monthly on the last day of the month."
Section 104. Section 2-16-504, MCA, is amended to read:
"2-16-504. Elective officers' inability to perform -- filling vacancy -- notice. (1) When an incumbent in the office of lieutenant governor, secretary of state, attorney general, auditor, or superintendent of public instruction is found to be permanently unable to perform the functions of his the position, a vacancy exists.
(2) When a written declaration, made as hereinafter provided in subsection (4), is transmitted to the legislature that any such officer enumerated in subsection (1) is unable to discharge the powers and duties of this office, the legislature may convene in the manner provided for the convening of special sessions to determine whether such the disability exists or it may defer such a determination to the next regular session of the legislature.
(3) If the legislature within 21 days after convening, whether in regular or special session, determines by two-thirds vote of its members that such the officer is unable to discharge the powers and duties of his office, this the office shall be is declared to be vacant and shall must be filled as provided by the constitution of Montana or laws enacted pursuant thereto to the constitution.
(4) The written declaration required hereunder shall under this section must be made and transmitted by the lieutenant governor and attorney general unless one of them is the officer whose disability is in question. If the lieutenant governor is the subject of the declaration, the declaration shall must be made by the governor and attorney general;, and if the attorney general is the subject of the declaration, the declaration shall must be made by the governor and secretary of state."
Section 105. Section 2-16-505, MCA, is amended to read:
"2-16-505. Filling vacancies in certain elective offices. A vacancy in the office of either the secretary of state, state auditor, attorney general, clerk of the supreme court, or superintendent of public instruction must be filled by a person appointed by the governor,. who The appointee holds his office until the first Monday in January next after a the next general election. At such that election, the office must be filled by election for the unexpired term."
Section 106. Section 2-16-507, MCA, is amended to read:
"2-16-507. Powers and duties of officer filling unexpired term. Any A person elected or appointed to fill a vacancy, after filing his the official oath and bond, possesses all the rights and powers and is subject to all the liabilities, duties, and obligations as if he the person had been elected to the office for a full term."
Section 107. Section 2-16-513, MCA, is amended to read:
"2-16-513. Succession in case of termination or incapacitation of primary successors. (1) If, because of an enemy attack upon the United States, the governor, lieutenant governor, president pro tempore of the senate, and speaker of the house are killed or rendered unable to serve as governor, the senior member of the legislature shall act as governor.
(2) He The senior member of the legislature shall call an emergency session of the legislature at a safe location within the state. The legislature meeting in joint session shall elect a governor.
(3) For the purposes of this section, the member with seniority is the member who has served in the legislature for the longest continuous period of time up to and including his the member's current term. If two or more members of the legislature have equal seniority, the line of succession among them is from eldest to youngest in age."
Section 108. Section 2-16-521, MCA, is amended to read:
"2-16-521. Powers of acting governor. (1) Every provision of the laws of this state in relation to the powers and duties of the governor and in relation to acts and duties to be performed by others toward him the governor extends to the persons performing for the time being the duties of governor.
(2) An acting governor shall have has all the rights, duties, and emoluments of the office of governor while he is so acting as governor."
Section 109. Section 2-16-603, MCA, is amended to read:
"2-16-603. Officers subject to recall -- grounds for recall. (1) Every Any person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from such office.
(2) A public officer holding an elective office may be recalled by the qualified electors entitled to vote for his the elective officer's successor. A public officer holding an appointive office may be recalled by the qualified electors entitled to vote for the successor or successors of the elective officer or officers who have the authority to appoint a person to that position.
(3) Physical or mental lack of fitness, incompetence, violation of his the oath of office, official misconduct, or conviction of a felony offense enumerated in Title 45 is are the only basis grounds for recall. No A person may not be recalled for performing a mandatory duty of the office he that the person holds or for not performing any act that, if performed, would subject him the person to prosecution for official misconduct."
Section 110. Section 2-16-612, MCA, is amended to read:
"2-16-612. Persons qualified to petition -- penalty for false signatures. (1) Every A person who is a qualified elector of this state may sign a petition for recall of a state officer.
(2) Every A person who is a qualified elector of a district of the state from which a state-district officer is elected may sign a petition for recall of a state-district officer of that district or appointed by an officer or the officers of that election district.
(3) Every A person who is a qualified elector of a political subdivision of this state may sign a petition for recall of an officer of that political subdivision. However, if a political subdivision is divided into election districts, a person must be a qualified elector in the election district to be eligible to sign a petition to recall an officer elected from that election district.
(4) Any A person signing any name other than his the person's own to any petition or knowingly signing his name more than once for the recall or who is not at the time of the signing a qualified elector or any a person who knowingly makes a false entry upon an affidavit required in connection with the filing of a petition for the recall of an officer is guilty of unsworn falsification or tampering with public records or information, as appropriate, and is punishable as provided in 45-7-203 or 45-7-208, as applicable."
Section 111. Section 2-16-613, MCA, is amended to read:
"2-16-613. Limitations on recall petitions. (1) A recall petition may not name more than one officer to be recalled.
(2) No A recall petition against an officer may not be approved for circulation, as required in 2-16-617(3), until he an officer has held office for 2 months.
(3) No A recall petition may not be filed against an officer for whom a recall election has been held for a period of 2 years during his the officer's term of office unless the state or political subdivision or subdivisions financing such the recall election is are first reimbursed for all expenses of the preceding recall election."
Section 112. Section 2-16-616, MCA, is amended to read:
"2-16-616. Form of recall petition. (1) The form of the recall petition shall must be substantially as follows:
WARNING A person who knowingly signs a name other than his the person's own to this petition, or who signs his the person's name more than once upon a petition to recall the same officer at one election, or who is not, at the time he signs of signing this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, or a fine of $500 or imprisonment in the state prison for a term not to exceed 10 years, or both.
RECALL PETITION To the Honorable ............, Secretary of State of the State of Montana (or name and office of other filing officer): We, the undersigned qualified electors of the State of Montana (or name of appropriate state-district or political subdivision) respectfully petition that an election be held as provided by law on the question of whether ..............., holding the office of ..............., should be recalled for the following reasons: (Setting out a general statement of the reasons for recall in not more than 200 words). By his signature each Each signer certifies: I have personally signed this petition; I am a qualified elector of the state of Montana and (name of appropriate political subdivision); and my residence and post-office address are correctly written after my name to the best of my knowledge and belief.
(2) Numbered lines shall must follow the above heading language in subsection (1). Each numbered line shall must contain spaces for the signature, post-office address, and printed last name of the signer. Each separate sheet of the petition shall must contain the heading and reasons for the proposed recall as prescribed above in subsection (1)."
Section 113. Section 2-16-617, MCA, is amended to read:
"2-16-617. Form of circulation sheets. (1) The signatures on each petition shall must be placed on sheets of paper known as circulation sheets. Each circulation sheet shall must be substantially 8 1/2 x 14 inches or a continuous sheet may be folded so as to meet this size limitation. Such The circulation sheets shall must be ruled with a horizontal line 1 1/2 inches from the top thereof of the sheet. The space above such the line shall must remain blank and shall must be for the purpose of binding.
(2) The petition, for purposes of circulation, may be divided into sections, each section to contain not more than 25 circulation sheets.
(3) Before a petition may be circulated for signatures, a sample circulation sheet must be submitted to the officer with whom the petition must be filed in the form in which it will be circulated. The filing officer shall review the petition for sufficiency as to form and approve or reject the form of the petition, stating his the reasons therefor for rejection, within 1 week of receiving the sheet.
(4) The petition form submitted must be accompanied by a written statement containing the reasons for the desired recall as stated on the petition. The truth of purported facts contained in the statement shall must be sworn to by at least one of the petitioners before a person authorized to administer oaths.
(5) The filing officer shall serially number all approved petitions continuously from year to year."
Section 114. Section 2-16-620, MCA, is amended to read:
"2-16-620. County clerk to verify signatures. (1) The county clerk in each county in which such a recall petition is signed shall verify and compare the signatures of each person who has signed the petition to assure ensure that he the person is an elector in such that county and, if satisfied that the signatures are genuine, shall certify that fact to the officer with whom the recall petition is to be filed, in substantially the following form:
To the Honorable ............, Secretary of State of the State of Montana (or name and title of other officer):
I, ............, ...... (title) of ............ County, certify that I have compared the signatures on ...... sheets (specifying number of sheets) of the petition for recall No. ...... attached, in the manner prescribed by law, and I believe ...... (number) signatures are valid for the purpose of the petition. I further certify that the affidavit of the circulator of the (sheet) (section) of the petition is attached and that the post-office address is completed for each valid signature.
Signed: ............ (Date) ; 60; & #160; 0; &# 160; ............................. (Signature)
Seal 0; &# 160; 0; &# 160; 0; &# 160; ................................. (Title)
(2) Such The certificate is prima facie evidence of the facts stated therein in the certificate, and the secretary of state or other officer receiving the recall petition may consider and count only such the signatures as that are certified. However, the officer with whom the recall petition is filed shall consider and count any remaining signatures of the registered voters which that prove to be genuine, and such those signatures shall must be considered and counted if they are attested to in the manner and form as provided for initiative and referendum petitions.
(3) The county clerk and recorder may not retain any portion of a petition for more than 30 days following the receipt of that portion. At the expiration of such that period, the county clerk and recorder shall certify the valid signatures on that portion of the petition and deliver the same to the person with whom the petition is required to be filed."
Section 115. Section 2-16-621, MCA, is amended to read:
"2-16-621. Notification to officer -- statement of justification. Upon filing the petition or a portion of the petition containing the number of valid signatures required under 2-16-614, the official with whom it is filed shall immediately give written notice to the officer named in the petition. The notice shall must state that a recall petition has been filed, shall must set forth the reasons contained therein in the petition, and shall must notify the officer named in the recall petition that he the officer has the right to prepare and have printed on the ballot a statement containing not more than 200 words giving reasons why he the officer should not be recalled. No such A statement of justification shall may not be printed on the ballot unless it is delivered to the filing official within 10 days of the date notice is given."
Section 116. Section 2-16-622, MCA, is amended to read:
"2-16-622. Resignation of officer -- proclamation of election. (1) If the officer named in the petition for recall submits his a resignation in writing, it shall must be accepted and become effective the day it is offered. The vacancy created by such the resignation shall must be filled as provided by law, provided that. However, the officer named in the petition for recall may not be appointed to fill such the vacancy. If the officer named in the petition for recall refuses to resign or does not resign within 5 days after the petition is filed, a special election shall must be called unless the filing is within 90 days of a general election, in which case the question shall must be placed on a separate ballot at the same time as the general election.
(2) The call of a special election shall must be made by the governor in the case of a state or state-district officer or by the board or officer empowered by law to call special elections for a political subdivision in the case of any officer of a political subdivision of the state."
Section 117. Section 2-16-633, MCA, is amended to read:
"2-16-633. Form of ballot. (1) The ballot at such a recall election shall must set forth the statement contained in the recall petition stating the reasons for demanding the recall of such the officer and the officer's statement of reasons why he the officer should not be recalled. Then the The question of whether the officer should be recalled shall must be placed on the ballot in a form similar to the following:
[] FOR recalling ............ who holds the office of ..........
[] AGAINST recalling ............ who holds the office of ..........
(2) The form of the ballot shall must be approved as provided in the election laws of this state."
Section 118. Section 2-16-635, MCA, is amended to read:
"2-16-635. Officer to remain in office until results declared -- filling of vacancy. The officer named in the recall petition continues in office until he the officer resigns or the results of the recall election are officially declared. If a majority of those voting on the question vote to remove the officer, the office becomes vacant and the vacancy shall must be filled as provided by law,. provided that However, the officer recalled may in no event not be appointed to fill the vacancy."
Section 119. Section 2-17-816, MCA, is amended to read:
"2-17-816. Parking citations within capitol complex. The director of the department of administration may in his discretion enter into an agreement with the city of Helena, Montana, to authorize capitol security guards employed by the department to issue citations for parking violations as defined by state or municipal laws which that occur within the boundaries of the capitol complex or on streets or alleys contiguous thereto to the capitol complex. All such citations must be considered within the jurisdiction of the city of Helena, Montana, and must be handled in the same manner as citations issued by peace officers thereof of the city."
Section 120. Section 2-18-106, MCA, is amended to read:
"2-18-106. No limitation on legislative authority -- transfer of funds. (1) Parts 1, 2, and through 3 do not limit the authority of the legislature relative to appropriations for salary and wages. The budget director shall adjust his determinations in accordance with legislative appropriations.
(2) Unexpended agency appropriation balances in the first year of the biennium may be transferred to the second year of the biennium to offset the costs of pay increases."
Section 121. Section 2-18-107, MCA, is amended to read:
"2-18-107. Job-sharing positions -- benefits. (1) Job sharing may be used, to the extent practicable, by each agency as a means of promoting increased productivity and employment opportunities. However, job Job sharing may be actively pursued to fill vacated or new positions and but may not be actively pursued to replace current full-time employees. However, on request of a current employee, his that employee's position may be considered for job sharing. A position may be filled by more than one incumbent currently in a full-time position.
(2) Employees in a job-sharing status are entitled to holiday pay, annual leave, sick leave, and health benefits on the same basis as permanent part-time employees provided for in 2-18-603, 2-18-611, 2-18-618, and 2-18-703.
(3) Employees classified in a part-time status may not be reclassified to a job-sharing status while employed in the position classified as part-time."
Section 122. Section 2-18-512, MCA, is amended to read:
"2-18-512. Prohibition on travel expenses for conventions -- exception. Hereafter, no A state officer or employee of the state shall may not receive payment from any public funds for traveling expenses or other expenses of any sort or kind for attendance upon at any convention, meeting, or other gathering of public officers except for attendance upon such at a convention, meeting, or other gatherings as said that the officer or employee may by virtue of his the office or employment find it necessary to attend."
Section 123. Section 2-18-612, MCA, is amended to read:
"2-18-612. Rate earned. (1) Vacation leave credits are earned at a yearly rate calculated in accordance with the following schedule, which applies to the total years of an employee's employment with any agency whether the employment is continuous or not:
Years of employment 0; &# 160; 0;Working days credit
1 day through 10 years 0; &# 160; 0; 15
10 years through 15 years 0; &# 160; 0; 18
15 years through 20 years 0; &# 160; 0; 21
20 years on or more 0; &# 160; 0; &# 160; 24
(2) (a) For the purpose of determining years of employment under this section, an employee eligible to earn vacation credits under 2-18-611 must be credited with 1 year of employment for each period of:
(i) 2,080 hours of service following his the date of employment; an. An employee must be credited with 80 hours of service for each biweekly pay period in which he 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 calendar months in which he 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 one 1 month. An employee of a school district, a school at a state institution, or the university system must be credited with 1 year of service if he the employee is employed for an entire academic year.
(b) State agencies, other than the university system and a school at a state institution, must shall use the method provided in subsection (2)(a)(i) to calculate years of service under this section."
Section 124. Section 2-18-616, MCA, is amended to read:
"2-18-616. Determination of vacation dates. The dates when employees' annual vacation leaves shall be are granted shall must be determined by agreement between each employee and his the employing agency with regard to the best interest of the state, or any county or city thereof of the state as well as the best interests of each employee."
Section 125. Section 2-18-619, MCA, is amended to read:
"2-18-619. Jury duty -- service as witness. (1) Each employee who is under proper summons as a juror shall collect all fees and allowances payable as a result of the service and forward the fees to the appropriate accounting office. Juror fees shall must be applied against the amount due the employee from his the employer. However, if an employee elects to charge his juror time off against his use annual leave to serve on a jury, he shall the employee may not be required to remit his the juror fees to his the employer. In no instance is an An employee is not required to remit to his the employer any expense or mileage allowance paid him by the court.
(2) An employee subpoenaed to serve as a witness shall collect all fees and allowances payable as a result of the service and forward the fees to the appropriate accounting office. Witness fees shall must be applied against the amount due the employee from his the employer. However, if an employee elects to charge his witness time off against his use annual leave to serve as a witness, he shall the employee may not be required to remit his the witness fees to his the employer. In no instance is an An employee is not required to remit to his the employer any expense or mileage allowances paid him by the court.
(3) Employers may request the court to excuse their employees from jury duty if they are needed for the proper operation of a unit of state or local government."
Section 126. Section 2-18-621, MCA, is amended to read:
"2-18-621. Unlawful termination. It shall be is unlawful for an employer to terminate or separate an employee from his employment in an attempt to circumvent the provisions of 2-18-611, 2-18-612, and 2-18-614. Should If a question arise arises under this section, it shall must be submitted to arbitration as provided in Title 27, chapter 5, as if an agreement described in 27-5-114 is in effect, unless there is a an applicable collective bargaining agreement to the contrary applicable."
Section 127. Section 2-18-902, MCA, is amended to read:
"2-18-902. Notice -- shared costs of third-party action -- limitation. (1) If an insured intends to institute an action for damages against a third party, the insured shall give the insurer reasonable notice of his the intention to institute the action.
(2) The insured may request that the insurer pay a proportionate share of the reasonable costs of the third-party action, including attorney fees.
(3) An insurer may elect not to participate in the cost of the action. If such an election is made, the insurer waives 50% of any subrogation rights granted to it by 2-18-901.
(4) The insurer's right of subrogation granted in 2-18-901 may not be enforced until the injured insured has been fully compensated for his the insured's injuries."
Section 128. Section 2-18-1001, MCA, is amended to read:
"2-18-1001. Transportation department Department of transportation personnel grievances -- hearing. (1) An employee of the department of transportation who is aggrieved by a serious matter of his employment based upon work conditions, supervision, or the result of an administrative action and who has exhausted all other administrative remedies is entitled to a hearing before the board of personnel appeals, under the provisions of a grievance procedure to be prescribed by the board, for resolution of the grievance.
(2) Direct or indirect interference, restraint, coercion, or retaliation by an employee's supervisor or the department of transportation against an aggrieved employee because the employee has filed or attempted to file a grievance with the board shall is also be a basis for a grievance and shall entitle entitles the employee to a hearing before the board for resolution.
(3) A grievance under this part must be filed with the board of personnel appeals within 180 days after the alleged incident or action occurred. Failure to file the grievance within this period is a bar to proceeding with the grievance."
Section 129. Section 2-18-1011, MCA, is amended to read:
"2-18-1011. Classification or compensation grievance -- retaliation -- hearing on complaint. (1) An employee or his an employee's representative affected by the operation implementation of parts 1 through 3 of this chapter is entitled to file a complaint with the board of personnel appeals provided for in 2-15-1705 and to be heard under the provisions of a grievance procedure to be prescribed by the board.
(2) Direct or indirect interference, restraint, coercion, or retaliation by an employee's supervisor or the agency for which the employee works or by any other agency of state government against an employee because the employee has filed or attempted to file a complaint with the board shall is also be a basis for a complaint and shall entitle entitles the employee to file a complaint with the board and to be heard under the provisions of the grievance procedure prescribed by the board.
(3) An action attempting to revise the class specifications of or series of class specifications involving an employee exercising a right conferred by 2-18-1011 through 2-18-1013 in a way which that would adversely affect the employee prior to final resolution or entry of a final order with respect thereto to the action is presumed to be an interference, restraint, coercion, or retaliation prohibited by subsection (2) of this section unless such the review was commenced or scheduled prior to filing of the appeal and was not prompted by the grievance appealed from. The presumption is rebuttable."
Section 130. Section 3-1-402, MCA, is amended to read:
"3-1-402. Powers of judicial officers as to conduct of proceedings. Every A judicial officer has the power to:
(1) preserve and enforce order in his the officer's immediate presence and in proceedings before him the officer when he the officer is engaged in the performance of official duty duties;
(2) compel obedience to his the officer's official orders, as provided in this code;
(3) compel the attendance of persons to testify in a proceeding before him the officer in the cases and manner provided in this code;
(4) administer oaths to persons in a proceeding pending before him the officer and in all other cases where in which it may be necessary in the exercise of his the officer's powers and duties."
Section 131. Section 3-1-404, MCA, is amended to read:
"3-1-404. Taking acknowledgments and affidavits. Each of the justices of the supreme court and judges of the district courts has power may in any part of the state, and every each justice of the peace may within his the justice's county, to take and certify:
(1) the proof and acknowledgment of a conveyance of real property or of any other written instrument;
(2) the acknowledgment of satisfaction of a judgment of any court;
(3) an affidavit or deposition to be used in this state."
Section 132. Section 3-1-405, MCA, is amended to read:
"3-1-405. Certificate of authenticity of justice's court's certificate of acknowledgment. The certificate of proof or acknowledgment, if made before a justice of the peace, when used in any county other than that in which he the justice resides, must be accompanied by a certificate, under the hand and seal of the clerk and recorder of the county in which the justice resides, setting forth that such the justice, at the time of taking such the proof or acknowledgment, was authorized to take the same proof or acknowledgment and that the clerk and recorder is acquainted with his the justice's handwriting and believes that the signature to the original certificate is genuine."
Section 133. Section 3-1-504, MCA, is amended to read:
"3-1-504. Reentry on property after eviction. Every A person who is dispossessed of or ejected from or out of any real property by the judgment or process of any a court of competent jurisdiction and who, not having the right so to do, reenters into or upon or takes possession of any such the real property or induces or procures any person not having a right so to do or aids or abets him therein that person to enter into or upon or take possession of the real property is guilty of a contempt of the court by which such judgment was that rendered the judgment or from which such that issued the process issued. Upon conviction for such contempt, the court or justice of the peace must shall immediately issue an alias process directed to the proper officer and requiring him that officer to restore the party entitled to the possession of such that property, under the original judgment or process, to such possession."
Section 134. Section 3-1-514, MCA, is amended to read:
"3-1-514. Endorsement allowing bail on warrant. Whenever a warrant of attachment is issued pursuant to this part, the court or judge must shall direct, by an endorsement on such the warrant, that the person charged may be left to bail for his the person's appearance in an amount to be specified in such the endorsement."
Section 135. Section 3-1-515, MCA, is amended to read:
"3-1-515. Arrest and detention by sheriff. Upon executing the warrant of attachment, the sheriff must shall keep the person in custody, bring him the person before the court or judge, and detain him the person until an order be is made in the premises proceeding unless the person arrested entitle himself is entitled to be discharged as provided in 3-1-516."
Section 136. Section 3-1-516, MCA, is amended to read:
"3-1-516. Bail bond -- form and conditions of. When a direction to let release the person arrested to on bail is contained in the warrant of attachment or endorsed thereon on the warrant, he the arrested person must be discharged from the arrest upon executing and delivering to the officer, at any time before the return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge thereupon or they the sureties will pay, as may be directed, the sum specified in the warrant or ordered by the court or the judge."
Section 137. Section 3-1-517, MCA, is amended to read:
"3-1-517. Return of warrant and undertaking. The officer must shall return the warrant of arrest and undertaking, if any, received by him the officer from the person arrested by the return day specified therein in the warrant."
Section 138. Section 3-1-522, MCA, is amended to read:
"3-1-522. Illness sufficient excuse -- confinement under arrest. (1) Whenever by the provisions of this part an officer is required to keep a person arrested on a warrant of attachment in custody and to bring him the person before a court or judge, the inability, from illness or otherwise, of the person to attend is sufficient excuse for not bringing him up the person before the court or judge.
(2) The officer must may not confine a person arrested upon a warrant in a prison or otherwise restrain him the person of personal liberty, except so far as may be to the extent necessary to secure his the person's personal attendance."
Section 139. Section 3-1-601, MCA, is amended to read:
"3-1-601. Certain officers not to practice law or administer estates. (1) Except as provided in 3-1-604 and except for a judge pro tempore, no a justice or judge of a court of record or clerk of any court may not practice law in any court in this state or act as attorney, agent, or solicitor in the prosecution of any claim or application for lands, pensions, or patent rights or other proceedings before any department of the state or general government or any court of the United States during his the justice's or judge's continuance in office.
(2) Neither the The court administrator nor any or an assistant may not practice law in any of the courts of this state while holding his that position.
(3) No A justice or judge of a court of record, except a judge pro tempore, may not act as administrator or executor of any estate for compensation."
Section 140. Section 3-1-602, MCA, is amended to read:
"3-1-602. Restrictions on justices of the peace practicing law or taking claims for collection. (1) Except as provided in subsection (2), a justice of the peace may not:
(a) practice law;
(b) draw contracts, conveyances, or other legal instruments or documents;
(c) take any claim or bill for collection or act as a collection agent in any sense; or
(d) perform any legal duties other than those prescribed by law as his the justice's official duties in the conduct of cases and proceedings in his the justice's court.
(2) A justice of the peace who is an attorney and who is admitted to practice law before the supreme court of the state of Montana may engage in the general practice of law and practice law in all courts in the state of Montana, except that such a the justice, his the justice's law partner or associate, or a member, associate, or employee of a firm of which he the justice is a member may not represent a party involved in a case which that is filed or tried in his the justice's court or in any justice's court located in the same county as his the justice's court or which that is appealed from such a justice's court in that county.
(3) A justice of the peace who violates any of the provisions of this section is guilty of malfeasance in office and shall must be removed from his the office of justice of the peace and thereafter be is disqualified from holding such that office."
Section 141. Section 3-1-603, MCA, is amended to read:
"3-1-603. No judicial Judicial officer of court of record not to have partner practicing law. (1) Except as provided in subsection (2), no a judicial officer of a court of record may not have a partner acting as attorney or counsel in any court of this state.
(2) A partner of either a municipal court judge or a judge pro tempore may act as attorney or counsel in any court of this state except the court of his the partner who is a judicial officer."
Section 142. Section 3-1-604, MCA, is amended to read:
"3-1-604. Restrictions on municipal court judges. No A municipal court judge may not practice law before his the judge's own municipal court or hold office in a political party during his the judge's term of office."
Section 143. Section 3-1-605, MCA, is amended to read:
"3-1-605. Restrictions on judicial officers after term has expired. A judicial officer, as defined in 1-1-202, after the expiration of his the officer's term of office, may not act as attorney or counsel in any action or special proceeding which that has been before him the officer in his the officer's official character capacity."
Section 144. Section 3-1-606, MCA, is amended to read:
"3-1-606. Justice of the peace or constable not to purchase judgment. (1) A justice of the peace may not purchase or be interested in the purchase of any judgment or part thereof of a judgment on his the justice's docket or on any docket in his the justice's possession. A constable may not purchase or be interested in the purchase of any judgment or part thereof of a judgment on the docket of a justice of the peace of the county of which he the person is a constable or on a docket in the possession of such a justice of the peace in that county.
(2) Violation A violation of subsection (1) is a misdemeanor."
Section 145. Section 3-1-607, MCA, is amended to read:
"3-1-607. Supreme court justice or district court judge candidacy for nonjudicial office -- resignation required. (1) If a person occupying the office of chief justice or associate justice of the supreme court or judge of a district court of the state of Montana becomes a candidate for election to any elective office under the laws of the state of Montana other than a judicial position, he the person shall immediately, and or in any event at or before the time when he must the person is required to file as a candidate for such the office in any primary, or special, or general election, resign from his the office of chief justice, associate justice, or district court judge.
(2) The resignation becomes effective immediately upon its delivery to the proper officer or superior.
(3) The resignation requirement applies except does not apply when the person is a bona fide candidate for reelection to the identical office then currently occupied by him the person or for another judicial position."
Section 146. Section 3-1-701, MCA, is amended to read:
"3-1-701. Office of court administrator -- appointment and term of office. There is established the office of court administrator. The supreme court shall appoint a court administrator. The court administrator shall hold his holds the position at the pleasure of the court."
Section 147. Section 3-1-1003, MCA, is amended to read:
"3-1-1003. Vacancies. (1) In the event that a vacancy on the commission occurs, the governor shall appoint a replacement for the remainder of the term. Such The replacement shall must be a member of the same group as the member he replaces being replaced.
(2) Appointments An appointment provided for in this section shall must be made within 30 days of the occurrence of any the vacancy."
Section 148. Section 3-1-1009, MCA, is amended to read:
"3-1-1009. Investigation by commission -- application for consideration. (1) The commission and each member are authorized to make investigations concerning the qualifications of eligible persons.
(2) Any lawyer in good standing who has the qualifications set forth by law for holding judicial office may be a candidate and may make application apply to the commission for consideration, or application may be made by any person on his the lawyer's behalf."
Section 149. Section 3-1-1010, MCA, is amended to read:
"3-1-1010. Lists submitted to governor and chief justice -- report on proceedings. (1) If a supreme court justice, a district court judge, the workers' compensation judge, or the chief water judge gives notice of his the judge's resignation to take effect on a specific date, the commission shall meet as soon as possible after the justice's or judge's proposed resignation date has been verified by the chief justice of the supreme court. If no notice is not given, the commission shall meet as soon as possible after a vacancy occurs. The meeting must be held in compliance with 3-1-1007. The commission shall submit to the governor or chief justice, within the time period established under 3-1-1007, a list of not less than three or more than five nominees for appointment to the vacant position.
(2) Any The list must be accompanied by a written report indicating the vote on each nominee, the content of the application submitted by each nominee, letters and public comments received regarding the each nominee, and the commission's reasons for recommending each nominee for appointment. The report must give specific reasons for recommending each nominee."
Section 150. Section 3-1-1103, MCA, is amended to read:
"3-1-1103. Terminated membership -- vacancies. (1) Commission membership terminates if a member ceases to hold the position that qualified him the person for appointment.
(2) In the event If a vacancy occurs on the commission, the appointing authority of the vacated seat shall designate a successor."
Section 151. Section 3-1-1104, MCA, is amended to read:
"3-1-1104. No compensation -- travel expenses. A commission member is not entitled to compensation for his the member's services but is entitled to travel expenses, as provided for in 2-18-501 through 2-18-503, as amended, incurred in the performance of his the member's duties."
Section 152. Section 3-1-1106, MCA, is amended to read:
"3-1-1106. Investigation of judicial officers -- complaint -- hearing -- recommendations. (1) (a) The commission, upon the filing of a written complaint by any citizen of the state, may initiate an investigation of any judicial officer in the state to determine if there are grounds for conducting additional proceedings before the commission. If the commission's investigation indicates that additional proceedings before the commission may be justified, the commission shall require the citizen who filed the original written complaint to sign a verified written complaint before conducting such additional proceedings.
(b) The commission shall give the judicial officer written notice of the citizen's complaint and of the initiation of an investigation. Notice must also be given if a verified written complaint is filed and must include the charges made, the grounds for the charges, and a statement that the judicial officer may file an answer. The notice must be signed by the commission.
(2) The commission, after such an investigation as that it considers necessary and upon a finding of good cause, may:
(a) order a hearing to be held before it concerning the censure, suspension, removal, or retirement of a judicial officer;
(b) confidentially advise the judicial officer and the supreme court, in writing, that the complaint will be dismissed if the judicial officer files with the commission a letter stating that he the officer will take corrective action satisfactory to the commission; or
(c) request that the supreme court to appoint one or more special masters who are judges of courts of record to hear and take evidence and to report to the commission.
(3) If after a hearing or after considering the record and the report of the masters the commission finds the charges true, it shall recommend to the supreme court the censure, suspension, removal, or disability retirement of the judicial officer."
Section 153. Section 3-1-1108, MCA, is amended to read:
"3-1-1108. Nonparticipation of interested judicial officer. A judicial officer who is a member of the commission or of the supreme court may not participate in any proceeding involving his the officer's own censure, suspension, removal, or retirement or that of his the officer's spouse, a relative within the sixth degree of consanguinity, or the spouse of such a relative related within the sixth degree."
Section 154. Section 3-1-1109, MCA, is amended to read:
"3-1-1109. Interim disqualification of judicial officer. (1) A judicial officer must be disqualified from serving as a judicial officer, without loss of salary, while there is pending an indictment or an information charging him the officer with a crime punishable as a felony under Montana or federal law.
(2) When the commission files with the supreme court a recommendation that a judicial officer be removed or retired, the judicial officer must be disqualified from serving as a judicial officer, without loss of salary, pending the supreme court's review of the record and proceedings."
Section 155. Section 3-1-1110, MCA, is amended to read:
"3-1-1110. Procedure when convicted of crime. (1) On recommendation of the commission, the supreme court may suspend a judicial officer from office without salary when he the officer pleads guilty or no contest or is found guilty of a crime punishable as a felony under Montana or federal law or of any other crime involving moral turpitude.
(2) If his the judicial officer's conviction is reversed, suspension terminates and he shall the officer must be paid his the officer's salary for the period of suspension.
(3) If he the judicial officer is suspended and his a conviction becomes final, the supreme court shall remove him the officer from office."
Section 156. Section 3-1-1111, MCA, is amended to read:
"3-1-1111. Orders for retirement or removal. (1) Upon an order for retirement, the judicial officer shall must be retired with the same rights and privileges as if he the officer retired pursuant to statute.
(2) Upon an order for removal, the judicial officer shall must be removed from office and his the officer's salary shall must cease from the date of the order. He shall be The officer is ineligible for any other judicial office and pending a further order of the court is suspended from practicing law."
Section 157. Section 3-1-1122, MCA, is amended to read:
"3-1-1122. Judge's waiver of confidentiality -- hearing made public. In addition to the public disclosure required under 3-1-1107, 3-1-1121, and 3-1-1123 through 3-1-1126, the commission must shall allow public access to all papers filed with and testimony and hearings before the commission or masters in a given case if the judge against whom a complaint has been filed waives his the right of confidentiality and requests in writing that the proceedings be accessible to the public. Public disclosure of information required under 3-1-1107, 3-1-1121, and 3-1-1123 through 3-1-1126 is not contingent upon a waiver under this section."
Section 158. Section 3-1-1502, MCA, is amended to read:
"3-1-1502. Training and certification of judges. Except as provided in 3-1-1503, no a judge selected for a term of office may not assume the functions of his the office unless he the judge has filed with the county clerk and recorder in his the jurisdiction a certificate of completion of a course of education and training prescribed by the commission."
Section 159. Section 3-1-1503, MCA, is amended to read:
"3-1-1503. Exception -- temporary certificate. (1) Section 3-1-1502 does not apply to a judge who has received a temporary certificate issued by the commission as provided for in subsection (2).
(2) The commission may issue a temporary certificate enabling a judge to assume the functions of his the office pending completion of a course as required by 3-1-1502. The temporary certificate must be in a form and subject to the terms and conditions prescribed by the commission.
(3) The commission may issue a temporary certificate only if:
(a) the judge is appointed or elected after the course is offered; or
(b) the commission grants an excuse because of a personal illness, a death in the family, or other good cause.
(4) The appointing authority for an appointed judge shall notify the commission of the person appointed, and the person appointed must be certified as provided in 3-1-1502 or this section prior to assuming office."
Section 160. Section 3-2-102, MCA, is amended to read:
"3-2-102. Qualifications and residence. (1) No A person is not eligible for the office of justice of the supreme court unless he the person is a citizen of the United States, has resided in the state 2 years immediately before taking office, and has been admitted to practice law in Montana for at least 5 years prior to the date of appointment or election.
(2) Justices of the supreme court must reside within the state during their terms of office."
Section 161. Section 3-2-212, MCA, is amended to read:
"3-2-212. Powers of justices individually -- certiorari and habeas corpus. (1) Each of the justices of the supreme court shall have power to may issue writs of habeas corpus to any part of the state upon petition by or on behalf of any person held in actual custody and may make such the writs returnable before himself the issuing justice, the supreme court, or any justice thereof of the supreme court or before any district court of the state or any district court judge thereof. Such The writs may be heard and determined by the justice, court, or judge before whom they are made returnable.
(2) Each of the justices of the supreme court may also issue and hear and determine writs of certiorari in proceedings for contempt in the district court."
Section 162. Section 3-2-301, MCA, is amended to read:
"3-2-301. Who shall preside. The chief justice presides at all sessions of the supreme court, and in case of his the chief justice's absence, the associate justice having the shortest term to serve presides in his stead."
Section 163. Section 3-2-401, MCA, is amended to read:
"3-2-401. Election and term of office. There must be a clerk of the supreme court who must be elected by the electors at large of the state and hold his office for the term of 6 years from the first Monday of January next succeeding his following the clerk's election."
Section 164. Section 3-2-406, MCA, is amended to read:
"3-2-406. Deputy clerk. The clerk of the supreme court shall appoint a deputy who, in the absence of the principal or in the case of vacancy in his the office, shall perform all the duties of office until such the disability be is removed or the vacancy be is filled. Such The deputy shall subscribe, take, and file the oath of office provided by law for other state officers before entering upon the performance of his the duties."
Section 165. Section 3-2-502, MCA, is amended to read:
"3-2-502. Duties of marshal. (1) It shall be is the duty of the marshal to attend upon be present and to assist the supreme court and the justices thereof of the supreme court at each term of court. He shall be The marshal is the executive officer of the court and shall act as crier thereof of the court.
(2) He must The marshal shall serve within the state all returns and processes issuing from the supreme court and shall have has all the powers and shall exercise all the duties that pertaining to sheriffs as have to the district courts so far as the same to the extent that the duties are applicable.
(3) He The marshal shall act as a law clerk for the supreme court justices."
Section 166. Section 3-5-115, MCA, is amended to read:
"3-5-115. (Temporary) Agreement, petition, and appointment of judge pro tempore -- waiver of jury trial. (1) Prior to trial and upon written agreement of all the parties to a civil action, the parties may petition for the appointment of a judge pro tempore. If the district court judge having jurisdiction over the case where the action was filed finds that the appointment is in the best interest of the parties and serves justice, he the district court judge may appoint the judge pro tempore nominated by the parties to preside over the whole action or any aspect of the action as if the regular district court judge were presiding.
(2) An appointment of a judge pro tempore constitutes a waiver of the right to trial by jury by any party having the right.
3-5-115. (Effective on occurrence of contingency) Agreement, petition, and appointment of judge pro tempore -- waiver of jury trial. (1) Prior to trial and upon written agreement of all the parties to a civil action, the parties may petition for the appointment of a judge pro tempore. Except as provided in 3-20-102, if the district court judge having jurisdiction over the case where the action was filed finds that the appointment is in the best interest of the parties and serves justice, the district court judge may appoint the judge pro tempore nominated by the parties to preside over the whole action or any aspect of the action as if the regular district court judge were presiding.
(2) Except as provided in 3-20-102, an appointment of a judge pro tempore constitutes a waiver of the right to trial by jury by any party having the right.
(3) The supreme court shall appoint the asbestos claims judge as provided in 3-20-102."
Section 167. Section 3-5-201, MCA, is amended to read:
"3-5-201. Election and oath of office. (1) The judges of the district court, except judges pro tempore, must be elected by the qualified voters of the district.
(2) Except as provided in subsection (1), each judge of a district court must shall, as soon as he the judge has taken and subscribed his the official oath, file the same official oath in the office of the secretary of state."
Section 168. Section 3-5-202, MCA, is amended to read:
"3-5-202. Qualifications and residence. (1) No A person is not eligible for the office of judge of a district court unless he the person is a citizen of the United States, has resided in the state 2 years immediately before taking office, and has been admitted to practice law in Montana for at least 5 years prior to the date of appointment or election.
(2) A judge of a district court need not be a resident of the district for which he the judge is elected or appointed at the time of his election or appointment, but after his election or appointment, he the judge must reside in the district for which he the judge is elected or appointed during his the judge's term of office."
Section 169. Section 3-5-213, MCA, is amended to read:
"3-5-213. Expenses when out of district. A district court judge who sits in the place of another judge in the trial or hearing of an action or proceeding in a district other than his the judge's own or in the supreme court or who attends a conference of judges in Helena called by the chief justice of the supreme court shall must be paid his the judge's actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503, while engaged in that service as follows:
(1) his travel expenses in going from the county seat of the county in which he makes his place of residence the judge resides to the place of trial, hearing, or conference and return; and
(2) his board and lodging while engaged in the trial, hearing, or conference."
Section 170. Section 3-5-214, MCA, is amended to read:
"3-5-214. Certification and filing of expense claim. As soon as his a district court judge's services in connection with the trial, hearing, or conference referred to in 3-5-213 are concluded, the judge shall certify in detail his the judge's actual and necessary travel expenses as specified in 3-5-213, and shall file the claim with the state to be processed as provided by law."
Section 171. Section 3-5-215, MCA, is amended to read:
"3-5-215. Expenses when not in county of residence. A district court judge of a judicial district composed of more than one county who, for the purpose of holding court and disposing of judicial business, goes to a county of his that judicial district other than the county in which he the judge resides and therein holds court or transacts judicial business shall must be paid his the actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503, incurred on account thereof of the business from the time he the judge leaves his the judge's place of residence until he the judge returns thereto to the place of residence."
Section 172. Section 3-5-216, MCA, is amended to read:
"3-5-216. Itemized statements -- verification -- filing. (1) On the first of each month or within 3 days thereafter after that date, such a district court judge who may desire to avail himself of the provisions of has a claim pursuant to 3-5-215 shall make out complete an itemized claim against the state of Montana showing with dates and particulars his the actual and necessary travel expenses for the preceding month.
(2) He The district court judge shall verify such the claim by certifying that the items of the claim are true and correct and are wholly unpaid and that the expenditures therein enumerated in the claim were made in the discharge of official business while away from home.
(3) He The district court judge shall then file such the claim with the state to be processed as provided by law."
Section 173. Section 3-5-311, MCA, is amended to read:
"3-5-311. Powers of judges at chambers. (1) The judge of the district court may at chambers:
(a) issue, hear, and determine writs of mandamus, quo warranto, certiorari, prohibition, and injunction, other original and remedial writs, and all writs of habeas corpus on petition by or on behalf of any person held in actual custody in his the judicial district;
(b) grant all orders and writs which that are usually granted in the first instance upon an ex parte application and hear and dispose of such those orders and writs;
(c) hear and determine any matter necessary in the exercise of his the judge's powers in matters of probate or in any action or proceeding provided by law and any action in which all party defendants have made default;
(d) issue any process, make any order, and make and enter any default judgment.
(2) When default judgments are entered in default cases, as herein provided, the judge shall forward to the clerk of the court of the county in which the action is pending the judgment so made, together with a minute entry of the proceedings. had thereon, which shall be by said The clerk incorporated shall incorporate the judgment and minute entry into the minutes of the court.
(3) If a jury is necessary, the judge may open court and obtain a jury as in other cases."
Section 174. Section 3-5-401, MCA, is amended to read:
"3-5-401. Terms of court. (1) The district court of each county which that is a separate judicial district by itself has no does not have terms and must always be open for the transaction of business, except on legal holidays and nonjudicial days.
(2) (a) In each district where that is located in two or more counties are united, the district court judge thereof must shall fix the term of court in each county in his the district and there must be at least four terms a year in each county. Any order of the judge of such district fixing terms of court shall must be filed in the office of the clerk of the district court in each county of his the district, and shall remain the order remains in effect until further order of the judge.
(b) Nothing in this section shall This section may not be construed to prevent the calling of a special term of court, with or without a jury, when in the opinion of the presiding judge the same special term is necessary.
(c) The district court judge may adjourn a term of district court in one county to a future day certain and in the meantime hold court in another county."
Section 175. Section 3-5-405, MCA, is amended to read:
"3-5-405. Change of place of holding court in emergency. (1) The judge of the district court authorized to hold or preside at a court appointed to be held at a particular place may, by an order filed with the clerk of the district court and published as he the judge may prescribe, direct that the court be held or continued at any place in the county other than that appointed when war, insurrection, pestilence, or other public calamity, or the danger thereof of such a calamity, or the destruction or danger of the public building appointed for the holding the court may render it necessary.
(2) He The district court judge may, in the same manner, revoke the order and, in his discretion, may appoint another place in the same county for holding the court."
Section 176. Section 3-5-503, MCA, is amended to read:
"3-5-503. Duties concerning indexes. Said The clerk of the district court shall cause to be made in each index correct entries, under the appropriate headings, of each and every action begun in the court of which he the person is clerk,. entering them The entries must be made alphabetically by the name of the plaintiff in the General Index--Plaintiffs and alphabetically by the name of the defendants in the General Index--Defendants."
Section 177. Section 3-5-504, MCA, is amended to read:
"3-5-504. Register of actions. The clerk must of the district court shall keep among the records of the court a register of actions. He must The clerk shall enter therein in the register the title of the action with brief notes under it, from time to time, of all papers filed and proceedings had therein in the action. The register must also state the names of the attorneys and all fees charged in each action."
Section 178. Section 3-5-505, MCA, is amended to read:
"3-5-505. Register of criminal actions. The clerk of the district court shall keep a book called the "Register of Criminal Actions", which must have a proper index and in which must be entered the title and number of the action with a memorandum of every paper filed and order or proceeding had therein in the action, along with the date thereof of the filing, order, or proceeding, and a memorandum of the name of every witness, the number of days he that the witness attended, and his the person's witness fees."
Section 179. Section 3-5-508, MCA, is amended to read:
"3-5-508. Docket. The docket is a book which that the clerk of the district court keeps in his the clerk's office, with each page divided into eight columns and headed as follows: judgment debtors; judgment creditors; judgment, time of entry; where entered in judgment book; appeals, when taken; judgment of appellate court; and satisfaction of judgment, when entered. If a judgment be is for the recovery of money or damages, the amount must be stated in the docket under the head heading of judgment. If the judgment be is for any other relief, a memorandum of the general character of the relief granted must be stated. The names of the defendants must be entered in alphabetical order."
Section 180. Section 3-5-509, MCA, is amended to read:
"3-5-509. Docket to be available for inspection. The docket kept by the clerk of the district court is open at all times during office hours for the inspection of the public, without charge. The clerk must shall arrange the several dockets kept by him the clerk in such a manner as to facilitate that facilitates their inspection."
Section 181. Section 3-5-611, MCA, is amended to read:
"3-5-611. Reporter pro tempore. (1) The reporter of any district court must attend shall perform to the duties of his the office in person except when excused for good and sufficient reason by order of the court,. which The order must be entered upon the minutes of the court. Employment in his the reporter's professional capacity elsewhere is not a good and sufficient reason for such the excuse.
(2) When the reporter of any court has been excused in the manner provided in this section, the court may appoint a reporter pro tempore, who must shall take the same oath and perform the same duties and receive the same compensation during the time of his employment as the regular reporter."
Section 182. Section 3-6-101, MCA, is amended to read:
"3-6-101. Establishment of court. (1) A city with a population of 4,000 or more, according to the last federal census, may have a court, known as the municipal court of the city of (designating the name of the city) of the state of Montana. The court must be a court of record. The municipal court shall assume continuing jurisdiction over all pending city court cases in the city in which the municipal court is established.
(2) A city may have a municipal court only if the governing body of the city elects by a two-thirds majority vote to adopt the provisions of this chapter by ordinance and, in the ordinance, provides the manner in which and time when the municipal court is to be established and is to assume continuing jurisdiction over all pending city court cases. If a city judge is not an attorney and his the office is abolished because a municipal court is established, the ordinance must provide that the time when the establishment of the municipal court takes effect is the date on which the municipal court judge elected at the next election held under 3-6-201 begins his the municipal court judge's term of office. The ordinance must be consistent with the provisions of this chapter."
Section 183. Section 3-6-203, MCA, is amended to read:
"3-6-203. Salary. The salary of the municipal court judge must be set by ordinance or resolution and is payable monthly by the city treasurer. Actual and necessary expenses for the municipal court judge are expenses, as defined and provided in 2-18-501 through 2-18-503, incurred in the performance of his official duties."
Section 184. Section 3-6-303, MCA, is amended to read:
"3-6-303. Officers of the court. (1) The chief of police of the city shall be is the executive officer of such the municipal court. He The chief of police shall serve all process and execute all orders of the court, either in person or by subordinate police officer, who shall execute process in his the chief's name.
(2) The chief of police, with the approval of the judge, shall appoint one or more policemen police officers as court officers, one of whom shall attend the sessions of the court and perform all duties in connection therewith which with the court that the judge may require."
Section 185. Section 3-7-201, MCA, is amended to read:
"3-7-201. Designation of water judge. (1) A water judge shall must be designated within 30 days after May 11, 1979, for each water division by a majority vote of a committee composed of the district court judge from each single judge single-judge judicial district and the chief district judge from each multiple judge multijudge judicial district, wholly or partly within the division. Except as provided in subsection (2), a water judge must be a district court judge or retired district court judge of a judicial district wholly or partly within the water division.
(2) A district court judge or retired district court judge may sit as a water judge in more than one division if requested by the chief justice of the supreme court or the water judge of the division in which he the judge is requested to sit.
(3) A water judge, when presiding over a water division, presides as district court judge in and for each judicial district wholly or partly within the water division."
Section 186. Section 3-7-203, MCA, is amended to read:
"3-7-203. Vacancies. If a vacancy in the office of water judge occurs, it shall must be filled in the manner provided in 3-7-201 for the initial designation of a water judge. A vacancy is created when a water judge dies, resigns, retires, is not elected to a subsequent term, forfeits his the judicial position, is removed, or is otherwise unable to complete his the term as a water judge."
Section 187. Section 3-7-224, MCA, is amended to read:
"3-7-224. Jurisdiction of chief water judge. (1) The chief water judge may, at the discretion of the chief justice of the Montana supreme court, also serve as water judge for one of the water divisions.
(2) The chief water judge has jurisdiction over cases certified to the district court under 85-2-309 and all matters relating to the determination of existing water rights within the boundaries of the state of Montana.
(3) With regard to the consideration of a matter within his the chief water judge's jurisdiction, the chief water judge has the same powers as a district court judge. He The chief water judge may issue such orders, on the motion of an interested party or on his the judge's own motion, as that may reasonably be required to allow him the judge to fulfill his the judge's responsibilities including, but not limited to, requiring the joinder of persons not parties to the administrative hearing being conducted by the department pursuant to 85-2-309 or 85-2-402 as deemed considered necessary to resolve any factual or legal issue certified pursuant to 85-2-309(2)."
Section 188. Section 3-10-201, MCA, is amended to read:
"3-10-201. Election. (1) Each justice of the peace must be elected by the qualified electors of the county at the general state election next immediately preceding the expiration of the term of office of his the justice of the peace's predecessor.
(2) A justice of the peace shall must be nominated and elected on the nonpartisan judicial ballot in the same manner as are judges of the district court.
(3) Each judicial office shall must be a separate and independent office for election purposes, and each office shall must be numbered by the county commissioners, and each candidate for justice of the peace shall specify the number of the office for which he the candidate seeks to be elected. A candidate may not file for more than one office.
(4) Section 13-35-231, prohibiting political party endorsement for judicial officers, shall also apply applies to justices of the peace."
Section 189. Section 3-10-202, MCA, is amended to read:
"3-10-202. Oath -- proof of certification. (1) Each justice of the peace, elected or appointed, after he has received his receipt of the certificate of election or appointment, shall, before entering upon the duties of his office, take the constitutional oath of office, which must be filed with the county clerk.
(2) Before the county clerk may file the oath, the elected or appointed justice must shall satisfy the clerk that he the justice is certified as provided in 3-1-1502 or 3-1-1503."
Section 190. Section 3-10-204, MCA, is amended to read:
"3-10-204. Residence requirements. (1) Every A justice of the peace must reside in the county in which his the justice's court is held.
(2) No A person is not eligible to for the office of justice of the peace unless he shall have been the person is a citizen of the United States and has been a resident of the county in which he the person is to serve for 1 year next preceding his election or appointment."
Section 191. Section 3-10-209, MCA, is amended to read:
"3-10-209. Expenses. All actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503, incurred by the justice of the peace in the performance of his official duties are a legal charge against the county."
Section 192. Section 3-10-233, MCA, is amended to read:
"3-10-233. Jurisdiction of acting justice. When called in to preside over a justice's court, the visiting justice of the peace or other qualified person while acting as justice of the peace is vested with all the power of the justice for whom he the person holds court."
Section 193. Section 3-10-234, MCA, is amended to read:
"3-10-234. Expenses of acting justice. Whenever a justice of the peace or another person is called in to preside over the court of a justice under 3-10-231, the visiting justice or other person shall must be paid his actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503. If the acting justice is not a justice of the peace receiving a salary, he shall the acting justice must also receive such compensation as that is proper for the time involved. The cost of implementing this section is a proper charge against the county where the court is held."
Section 194. Section 3-10-401, MCA, is amended to read:
"3-10-401. Contempts a for which justice of the peace may punish for. A justice of the peace may punish for contempt persons guilty of only the following acts and no other:
(1) disorderly, contemptuous, or insolent behavior toward the justice while holding the court tending to interrupt the due course of a trial or other judicial proceeding;
(2) a breach of the peace, boisterous conduct, or violent disturbance in the presence of the justice or in the immediate vicinity of the court held by him the justice tending to interrupt the due course of a trial or other judicial proceeding;
(3) disobedience or resistance to the execution of a lawful order or process made or issued by the justice;
(4) disobedience to a subpoena duly served or refusal to be sworn or to answer as a witness;
(5) rescuing any person or property in the custody of an officer by virtue of an order or process of the court."
Section 195. Section 3-10-405, MCA, is amended to read:
"3-10-405. Conviction in docket. The conviction, specifying particularly the offense and the judgment thereon on the conviction, must be entered by the justice of the peace in his the docket."
Section 196. Section 3-10-502, MCA, is amended to read:
"3-10-502. How entries made -- prima facie evidence. (1) The items listed in 3-10-501 must be entered in the docket under the title of the action to which they relate and, unless otherwise provided, at the time when they occur.
(2) Such The entries in a justice's justice of the peace's docket or a transcript thereof of the entries certified by the justice or his the justice's successor in office are prima facie evidence of the facts so stated."
Section 197. Section 3-10-514, MCA, is amended to read:
"3-10-514. Docket of predecessor. Any A justice of the peace with whom the docket of his the justice's predecessor or of any other justice is deposited has and may exercise over all actions and proceedings entered in such the docket the same jurisdiction as if the actions and proceedings were originally commenced before him the justice. In the case of the creation of a new county or the change of the boundary between two counties, any justice into whose hands the docket of a justice formerly acting as such justice within the same that territory may come is, for the purpose of this section, considered the successor of such the former justice."
Section 198. Section 3-10-602, MCA, is amended to read:
"3-10-602. Penalty. Any A justice of the peace violating 3-10-601 shall be deemed is guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment not exceeding 6 months in the county jail, or both. He shall The violator is also be deemed guilty of malfeasance in office and, in the discretion of the court, may be removed from office,. in which latter case he shall thereafter be A person removed from office is disqualified from holding such the office of justice of the peace."
Section 199. Section 3-10-706, MCA, is amended to read:
"3-10-706. Execution of process by retiring constable. A constable, notwithstanding the expiration of his the constable's term of office, may proceed and complete the execution of all final process which he that the constable has begun to execute, in the same manner as if he the constable were still in office, and his the sureties shall be are liable to the same extent."
Section 200. Section 3-10-1005, MCA, is amended to read:
"3-10-1005. Docket entries. The justice of the peace shall enter in the docket kept by him the justice for small claims cases the following:
(1) the title of each action;
(2) the amount claimed;
(3) the date the order of court/notice to defendant was signed and the date of the trial as stated in the order;
(4) the date the parties appeared or the date on which default was entered;
(5) each adjournment, stating on whose application and to what time;
(6) the judgment of the court;
(7) a statement of any money paid to the justice, when, and by whom;
(8) the date of the issuance of any abstract of the judgment; and
(9) the date of the receipt of the notice of appeal, if any is given, and of the appeal bond, if any is filed."
Section 201. Section 3-11-202, MCA, is amended to read:
"3-11-202. Salary -- qualifications. (1) A city judge, at the time of election or appointment, shall must:
(a) meet the qualifications of a justice of the peace under 3-10-202;
(b) be a resident of the county in which the city or town is located; and
(c) satisfy any additional qualifications prescribed by ordinance.
(2) The annual salary and compensation of city judges must be fixed by ordinance or resolution.
(3) Each city judge shall receive his actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503, incurred in the performance of his official duties."
Section 202. Section 3-11-203, MCA, is amended to read:
"3-11-203. When substitute for judge called in. (1) The city judge or mayor may call in a city judge, a justice of the peace, or some qualified person to act in the judge's place whenever the judge is:
(a) a party in a case;
(b) interested in a case;
(c) the spouse of or related to either party in a case by consanguinity or affinity within the sixth degree; or
(d) sick, absent, or unable to act.
(2) The city judge may call in a city judge, justice of the peace, or some qualified person to act in his stead the city judge's place when a disqualifying affidavit is filed against him the judge pursuant to the supreme court's rules on disqualification and substitution of judges.
(3) A city judge of any city or a justice of the peace of any county may sit as city judge at the city judge's request."
Section 203. Section 3-11-204, MCA, is amended to read:
"3-11-204. Training sessions for judges. (1) There shall must be two mandatory annual training sessions supervised by the supreme court for all elected and appointed city judges. One of the training sessions may be held in conjunction with the Montana magistrates' association convention. Actual and necessary travel expenses, as defined and provided in 2-18-501 through 2-18-503, and the costs of registration and books and other materials shall must be paid to the elected or appointed judge for attending the sessions. Whenever the office of city judge is held by a justice of the peace, the costs imposed by this subsection are the joint responsibility of the county and the municipality, with the costs to be allocated and charged in proportion to the work done for each governmental entity. In all other cases, the costs shall must be paid by the city or town in which he the judge holds or will hold court and shall must be charged against that city or town.
(2) Each city judge shall attend the training sessions. Failure to attend disqualifies him the judge from office and creates a vacancy in the office. However, the supreme court may excuse a city judge from attendance because of illness, a death in the family, or any other good cause."
Section 204. Section 3-11-205, MCA, is amended to read:
"3-11-205. Justice of the peace or judge of another city as city judge. (1) In a town or third-class city, the council may designate a justice of the peace or the city judge of another city or town to act as city judge. The justice of the peace or city judge shall must reside in the county in which the town or city is situated. The city or town may by ordinance fix the funding for such the judge and enter into an agreement with the county, the other city or town, or the justice of the