Title 2, Title 2

(1) There is a fish, wildlife, and parks crimestoppers board. (2) (a) The board consists of five members, four of whom are appointed by the director of the department of fish, wildlife, and parks as follows: (i) a person within the department responsible for the enforcement of fi…

(1) The director of fish, wildlife, and parks shall appoint an advisory council pursuant to 2-15-122 to review proposals developed by the department of fish, wildlife, and parks that involve the use of money received by the department under 87-2-411 for the protection, conservati…

(1) There is a state parks and recreation board. (2) The board consists of five members appointed by the governor, as prescribed in 2-15-124. The governor shall appoint one member from each of the following districts: (a) District No. 1, consisting of Lincoln, Flathead, Sanders, …

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

(1) There is a board of environmental review. (2) The board consists of seven members appointed by the governor. The members must be representative of the geographic areas of the state. One member must have expertise or background in hydrology. One member must have expertise or b…

(1) In addition to the duties prescribed by the constitution, the secretary of state shall: (a) attend at every session of the legislature for the purpose of receiving bills and resolutions and to perform other duties as may be devolved on the secretary of state by resolution of …

(1) The secretary of state shall appoint a chief deputy and a deputy who in the absence of the principal shall perform all the duties of office. In the case of a vacancy in the office of secretary of state, the chief deputy shall perform all the duties of the office until such di…

The secretary of state may offer for sale to private or public entities the corporate information list developed by the secretary of state. The information on the corporate information list must be limited to the information available on the corporate information computer system …

(1) As authorized by 2-15-401, the secretary of state may develop and implement a statewide electronic filing system to accommodate the electronic filing of records and documents that are required to be filed in the office of the secretary of state. (2) If the secretary of state …

(1) The secretary of state shall, for fees charged by the secretary of state, set by administrative rule each fee authorized by law. (2) Unless otherwise specified by law, fees: (a) must be commensurate with the overall costs of the office of the secretary of state; and (b) must …

(1) The secretary of state is charged with the custody of: (a) the enrolled copy of the constitution; (b) all the acts and resolutions passed by the legislature; (c) the journals of the legislature; (d) the great seal; (e) all documents kept or deposited in the secretary of state…

(1) There is a commissioner of political practices who is appointed as provided in 13-37-102. (2) The office of the commissioner is attached to the office of the secretary of state for administrative purposes only, as specified in 2-15-121, except that the provisions of subsectio…

The board of state canvassers created in 13-15-502 is allocated to the office of the secretary of state for administrative purposes only as prescribed in 2-15-121.

It is the duty of the attorney general: (1) to prosecute or defend all causes in the supreme court in which the state or any officer of the state in the officer's official capacity is a party or in which the state has an interest; (2) to represent the state in all bankruptcy proc…

Each assistant attorney general must be duly licensed to practice law in the state of Montana at the time of appointment.

(1) In all matters involving bankruptcy or collection of debts owed to the state in which the attorney general provides legal assistance to a state agency, the attorney general may charge a fee to the agency plus reimbursement for actual expenses reasonably incurred. The fee may …

The attorney general shall review a complaint referred from a county attorney concerning alleged misconduct of a local government public officer pursuant to 7-4-2718 or an independent complaint made to the attorney general concerning the alleged misconduct of a local government p…

Pursuant to the attorney general's duty provided in 2-15-501(5) to exercise supervisory control over the county attorneys and to require of them reports as to the public business entrusted to their charge, beginning on September 1, 2024, the attorney general shall report annually…

There is a state auditor as provided in Article VI, section 1, of the Montana constitution.

(1) The state auditor shall appoint a deputy who in the absence of the principal or in the case of vacancy in the office of state auditor shall perform all the duties of the office until the disability is removed or the vacancy is filled. (2) The deputy shall subscribe, take, and…

There is a superintendent of public instruction as provided in Article VI, section 1, of the Montana constitution. The election, qualifications, and term of office of the superintendent are provided for in Title 20, chapter 3.

(1) The public officers of this state are classified as follows: (a) legislative; (b) executive; (c) judicial; (d) ministerial officers and officers of the courts. (2) This classification is not to be construed as defining the legal powers of either class. (3) Executive officers …

(1) Provisions respecting disqualifications for particular offices are contained in the constitution and in the provisions of the laws concerning the various offices. (2) A person is not eligible to hold civil office in this state who at the time of election or appointment is not…

(1) A public official has the right to have a Montana state flag draped over the casket of the public official. The family of the public official is responsible for providing the flag. (2) As used in this section, "public official" means a person who was ever elected to a statewi…

(1) The following officers must reside and keep their offices at the seat of government: the governor, secretary of state, state auditor, attorney general, superintendent of public instruction, justices of the supreme court, and clerk of the supreme court. (2) Restrictions upon t…

Except as provided in 10-1-1008, an officer mentioned in 2-16-111(1) or an officer appointed by the governor and confirmed by the senate may not be absent from the state for more than 60 consecutive days unless on business of the state or with the consent of the legislature.

(1) Each of the executive and state officers of the state must have a seal. Such seal must contain the same representations and motto as is found on the great seal and must be 2 inches in diameter, surrounded by the words "State of Montana" (giving the title of the office, "Secre…

(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 inst…

When an officer discharges ex officio the duties of an office other than that to which the officer is elected or appointed, the officer's official signature and attestation, except as otherwise provided by law, must be in the name of the office of which the officer discharges the…

Every executive, state, and judicial officer may administer and certify oaths.

(1) Unless otherwise provided by law, state executive branch offices must be open for the transaction of business continuously from 8 a.m. until 5 p.m. each day except on Saturdays, Sundays, and the holidays specified in 1-1-216(1)(a) through (1)(k). State executive branch office…

The mode of election of the governor, lieutenant governor, secretary of state, state auditor, attorney general, and superintendent of public instruction is prescribed by the constitution.

(1) When the title of the incumbent of any office in this state is contested by proceedings instituted in any court for that purpose, a warrant may not be drawn or paid for any part of the incumbent's salary until the proceedings have been finally determined. (2) As soon as the p…

Every officer, the mode of whose appointment is not prescribed by the constitution or statutes, must be appointed by the governor by and with the advice and consent of the senate.

(1) The governor shall commission: (a) all officers elected by the people whose commissions are not otherwise provided for; (b) all officers of the militia; (c) all agency heads appointed by the governor with consent of the senate; (d) United States senators. (2) The commissions …

The commissions of all other officers, where no special provision is made by law, must be signed by the presiding officer of the body or by the person making the appointment.

(1) Members of the legislature and all officers, executive, ministerial, or judicial, must, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support, protect, and defe…

(1) Unless a different time is prescribed by law, the oath of office must be taken, subscribed, and filed within 30 days after the officer has notice of election or appointment or before the expiration of 15 days from the commencement of the term of office when a notice of electi…

(1) An office for which the duration is not fixed by law is held at the pleasure of the appointing authority. (2) An officer shall continue to discharge the duties of the office, although the term has expired, until a successor has qualified. (3) Notwithstanding the provisions of…

As used in Article IV, section 8, of the Montana constitution, "current term" means the term served after regular election to a full term to an office and does not include time served in an appointed or an elected capacity in an office to finish the term of the original incumbent…

(1) All assistants, deputies, and other subordinate officers whose appointments are not otherwise provided for must be appointed by the officer or body to whom they are respectively subordinate. (2) When the number of such deputies or subordinate officers is not fixed by law, it …

Deputies must within 10 days after receiving notice of their appointment take and file an oath in the manner required of their principals.

In all cases not otherwise provided for, each deputy possesses the powers and may perform the duties attached by law to the office of the principal.

Prior to June 30 of each even-numbered year, the department of administration shall conduct a salary survey of justices and chief justices of the highest appellate courts similar to the Montana supreme court for the states of North Dakota, South Dakota, Wyoming, and Idaho. The de…

(1) The salaries paid to the following elected officials are determined as provided in subsection (2): (a) governor; (b) lieutenant governor; (c) attorney general; (d) state auditor, ex officio commissioner of securities and insurance; (e) superintendent of public instruction; (f…

(1) The salary of each officer is for all services that are required of the officer or that may be assigned to the office by law, including all services rendered ex officio as a member of any board, commission, or committee, but may not include actual necessary travel, lodging, a…