Title 2, Title 2

This part may be cited as the "State Measurement for Accountable, Responsive, and Transparent Government (SMART) Act".

(1) It is the public policy of this state to provide for an annual planning process for state government that results in the development of initiatives and performance measures for each department's divisions to facilitate efficient, transparent, accountable, and responsive gover…

As used in this part, the following definitions apply: (1) "Annual performance report" means a written annual review and assessment of the outcomes and outputs of a department as compared to its established annual plan and performance measures. (2) "Annual plan" means a written p…

(1) Each department shall produce an annual plan no later than September 1, 2023. (2) Each department shall publish a subsequent annual plan no later than September 1 each year. (3) At a minimum, an annual plan must include the following components: (a) a description of the funct…

(1) No later than December 1, 2024, and no later than October 1 of each year afterward, each department shall produce an annual performance report for the fiscal year that concluded in the same year and distribute it as provided in subsections (3) and (4). (2) The annual performa…

A department may use only existing resources to implement the provisions of 2-12-101 through 2-12-105.

There is created a department of administration. The department head is a director of administration appointed by the governor in accordance with 2-15-111.

The director of the department of administration shall serve as ex officio state treasurer.

(1) The governor, secretary of state, and attorney general constitute a board of examiners. (2) The meetings of the board are held at the seat of government at times set by the president. (3) The governor is the president, and the secretary of state is the secretary of the board,…

(1) There is a public employees' retirement board. (2) The board consists of seven members appointed by the governor with the consent of the senate. The members are: (a) three public employees who are active members of a public retirement system. Not more than one of these member…

(1) The purpose of this chapter is to comply with Article VI, section 7, of the Montana constitution which requires that all executive and administrative offices, boards, bureaus, commissions, agencies, and instrumentalities of the executive branch (except for the office of gover…

(1) There is a teachers' retirement board. (2) The board consists of six members appointed by the governor, as follows: (a) three persons appointed from the teaching profession who, when appointed, are active members of the retirement system. At least one of the three appointees …

There is a Montana state agency for federal surplus property that is administered by a department designated by the governor. The director of the department may prescribe the duties of personnel needed to carry out the duties of Title 18, chapter 5, part 2.

There is a Montana tax appeal board as provided in Title 15, chapter 2.

(1) The department shall create a state employee group benefits advisory council under 2-15-122. (2) The members of the advisory council must be selected from a diverse group in order to adequately represent the interests of state employees and retirees. (3) One member of the adv…

(1) There is a board of directors of the state compensation insurance fund. (2) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121. However, the board may employ its own staff. (3) The board may provide for its own office space and…

As used in this chapter, the following definitions apply: (1) "Advisory capacity" means furnishing advice, gathering information, making recommendations, and performing other activities that may be necessary to comply with federal funding requirements and does not mean administer…

(1) There is an information technology board. The board consists of 18 members who are appointed as follows: (a) the chief information officer provided for in 2-17-511 or a designee, who serves as presiding officer of the board; (b) the director of the department of administratio…

There is an office of state public defender. The head of the office is a director. The director is hired by the director of the department of administration. The director is not subject to confirmation by the senate and may be removed by the director of the department of administ…

In accordance with Article VI, section 4, of the Montana constitution, the governor is the chief executive officer of the state. Subject to the constitution and law of this state, the governor shall formulate and administer the policies of the executive branch of state government…

(1) In accordance with the constitution, all executive and administrative offices, boards, commissions, agencies, and instrumentalities of the executive branch of state government and their respective functions are allocated by this chapter among and within the following departme…

The attorney general, state auditor, superintendent of public instruction, and secretary of state have, in addition to any other power vested by the Montana constitution or by law, the same powers accorded the heads of departments by this part. No duties relating to the governor …

The secretary of state shall publish in the Montana Administrative Register on a monthly basis the recent appointments made by the executive branch and the upcoming vacancies on executive boards and commissions.

(1) At the beginning of each gubernatorial term, the governor shall appoint each department head who 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 appoi…

(1) Except as otherwise provided by law, each department head shall: (a) supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by this chapter or other law; (b) establish the policy to be followed by the department and empl…

Each department head designated by this chapter or appointed by the governor has, before assuming the office of the department head, full access to all agencies and their records within the department created by this chapter for the purpose of formulating plans for internal organ…

Each department head is responsible for ensuring an adequate level of security for all data within that department and shall: (1) develop and maintain written internal policies and procedures to ensure security of data. The internal policies and procedures are confidential inform…

(1) Except as provided in subsection (3), an application form issued by an agency that is an application for a permit or a license must include, either as an attachment or directly on the form, the estimated time it will take for the agency to process and act on a correctly compl…

(1) Each state agency shall post an employee directory on the agency's website. The link to the directory must be on the main landing page of the agency's website. (2) (a) Except as provided in subsection (2)(b), the directory must include the name, title, and a direct phone numb…

There is a department of military affairs. The department head is the adjutant general of the state, who must be appointed and shall serve in the same manner as directors in 2-15-111. In addition, the adjutant general must have the qualifications prescribed in 2-15-1202. The adju…

(1) The adjutant general must: (a) have the rank of major general; (b) be selected from the active list of the national guard of this state; (c) be federally recognized in the rank of lieutenant colonel or higher, immediately preceding appointment; (d) have at least 10 years of s…

(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…

A division of disaster and emergency services is established in the department of military affairs.

(1) There is a board of veterans' affairs. (2) (a) The board consists of 14 members. All members must be residents of this state. Six members are voting members, who must be confirmed by the senate, and eight members are nonvoting, ex officio members. (b) The governor shall appoi…

(1) An agency allocated to a department for administrative purposes only in this chapter shall: (a) (i) exercise its quasi-judicial, quasi-legislative, licensing, and policymaking functions independently of the department and without approval or control of the department except a…

(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…

The governor, a department head, or any other official of the executive branch of state government or an agency may not, by administrative action, create or attempt to create an agency of state government. This section does not apply to: (1) advisory councils created in accordanc…

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. (2) The governor shall appoint the members. A majority of the members must…

If an agency or a function is not allocated or transferred to a department or a constitutional office by this chapter or any other act of the legislature, the governor shall, by executive order, allocate that agency for administrative purposes only or function to the appropriate …

(1) An agency of state government or of the Montana university system may not employ, on a full-time or part-time basis, in a permanent or temporary position, an individual who has failed to comply with the registration requirements of the federal Military Selective Service Act, …

There is a department of revenue. The department head is the director of revenue.

(1) There is the position of director of revenue. (2) The director of revenue shall be appointed and serve as provided for directors in 2-15-111. (3) The director is the chief administrative officer of the department.

Unless otherwise provided in this chapter, each state officer or employee affected by a reorganization of the executive branch of state government under this chapter is entitled to all rights that the officer or employee possessed as a state officer or employee before the effecti…

The director of revenue shall appoint an advisory council for the purpose of complying with Article VI, section 1(b), of the Multistate Tax Compact if local subdivisions are affected by the compact. The provisions of 2-15-122 apply if an advisory council is appointed.

The department or unit 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 transf…

The department or unit thereof that succeeds to all or part of the functions of an agency under a reorganization within the executive branch also succeeds to the rules and orders of that agency relating to the functions or parts of functions transferred. The rules and orders of a…