2009 Montana Legislature

HOUSE BILL NO. 37

INTRODUCED BY M. CAMPBELL

BY REQUEST OF THE CODE COMMISSIONER

AN ACT GENDER NEUTRALIZING AND CONFORMING TITLES 10 THROUGH 90 OF THE MONTANA CODE ANNOTATED TO CURRENT BILL DRAFTING STANDARDS; AND AMENDING SECTIONS 10-1-201, 10-1-202, 10-1-206, 10-1-302, 10-1-405, 10-1-503, 10-1-601, 10-1-611, 10-1-804, 10-1-805, 10-1-806, 10-2-103, 10-2-105, 10-2-107, 10-3-101, 10-3-102, 10-3-112, 10-3-204, 10-3-302, 10-3-303, 10-3-313, 10-3-314, 10-3-501, 10-3-503, 10-3-505, 10-3-605, 10-3-607, 10-3-702, 10-3-1106, 13-1-114, 13-1-201, 13-2-112, 13-2-206, 13-2-221, 13-3-102, 13-3-103, 13-3-201, 13-3-211, 13-10-203, 13-10-305, 13-10-325, 13-10-501, 13-10-507, 13-10-602, 13-12-210, 13-13-118, 13-13-120, 13-13-225, 13-13-227, 13-13-602, 13-14-111, 13-14-211, 13-14-212, 13-15-201, 13-15-204, 13-15-205, 13-15-403, 13-15-404, 13-15-502, 13-15-504, 13-15-505, 13-15-506, 13-16-101, 13-16-201, 13-16-203, 13-16-204, 13-16-211, 13-16-301, 13-16-302, 13-16-307, 13-16-415, 13-16-416, 13-16-417, 13-16-418, 13-16-419, 13-19-101, 13-19-203, 13-19-301, 13-19-302, 13-19-304, 13-19-305, 13-19-306, 13-19-307, 13-19-308, 13-19-310, 13-27-305, 13-27-306, 13-27-308, 13-27-404, 13-27-405, 13-27-503, 13-35-106, 13-35-201, 13-35-204, 13-35-209, 13-35-214, 13-35-215, 13-35-217, 13-35-218, 13-35-221, 13-35-301, 13-36-101, 13-36-102, 13-36-103, 13-36-104, 13-36-201, 13-36-202, 13-36-204, 13-36-205, 13-36-206, 13-36-207, 13-36-208, 13-36-209, 13-36-210, 13-36-211, 13-37-104, 13-37-105, 13-37-116, 13-37-119, 13-37-122, 13-37-125, 13-37-201, 13-37-202, 13-37-203, 13-37-204, 13-37-205, 13-37-206, 13-37-207, 13-37-208, 13-37-215, 13-37-217, 13-37-225, 13-37-228, 13-37-231, 13-38-101, 13-38-201, 13-38-202, 13-38-203, 13-38-205, 15-1-104, 15-1-204, 15-1-601, 15-1-603, 15-1-702, 15-1-705, 15-1-707, 15-2-101, 15-2-103, 15-2-104, 15-2-304, 15-6-225, 15-8-501, 15-8-502, 15-16-503, 15-17-318, 15-24-1101, 15-24-1201, 15-24-1206, 15-24-2403, 15-30-113, 15-30-129, 15-30-132, 15-30-134, 15-30-135, 15-30-143, 15-30-156, 15-30-173, 15-30-205, 15-30-206, 15-30-302, 15-30-307, 15-30-314, 15-30-331, 15-31-521, 15-31-523, 15-31-524, 15-31-551, 15-32-101, 15-32-103, 15-33-104, 15-35-104, 15-44-102, 15-59-105, 15-60-207, 15-70-232, 16-1-203, 16-1-204, 16-3-105, 16-3-212, 16-3-223, 16-3-231, 16-3-232, 16-3-233, 16-3-242, 16-3-302, 16-3-306, 16-3-406, 16-4-104, 16-4-108, 16-4-110, 16-4-201, 16-4-209, 16-6-105, 16-6-205, 16-6-207, 16-6-209, 16-6-309, 16-6-313, 16-10-203, 16-11-134, 17-1-103, 17-1-112, 17-1-131, 17-5-715, 17-5-927, 17-5-1516, 17-6-204, 17-6-213, 17-7-113, 17-8-104, 17-8-308, 18-1-402, 18-1-403, 18-2-204, 18-2-424, 18-5-204, 18-5-411, 18-11-105, 19-1-301, 19-1-702, 19-1-705, 19-2-904, 19-3-202, 19-9-302, 19-17-406, 19-18-106, 19-18-202, 19-18-502, 19-18-511, 19-18-514, 19-18-603, 19-18-604, 19-18-605, 19-18-607, 19-19-302, 19-19-303, 19-19-401, 19-19-402, 19-19-403, 19-19-404, 19-19-405, 19-19-406, 19-19-501, 19-19-502, 19-19-503, 19-19-505, 19-20-103, 19-20-301, 19-20-303, 19-20-304, 19-20-406, 19-21-211, 20-1-201, 20-1-202, 20-1-203, 20-1-211, 20-2-111, 20-2-112, 20-2-131, 20-3-101, 20-3-102, 20-3-105, 20-3-202, 20-3-203, 20-3-206, 20-3-208, 20-3-211, 20-3-308, 20-3-309, 20-3-310, 20-3-311, 20-3-344, 20-3-353, 20-3-354, 20-3-361, 20-4-101, 20-4-104, 20-4-106, 20-4-121, 20-4-132, 20-4-202, 20-4-304, 20-5-102, 20-5-103, 20-5-105, 20-5-106, 20-5-107, 20-5-111, 20-5-405, 20-5-406, 20-6-103, 20-6-605, 20-7-113, 20-7-116, 20-7-462, 20-7-463, 20-7-606, 20-7-607, 20-7-608, 20-8-108, 20-8-120, 20-9-207, 20-9-424, 20-9-436, 20-9-441, 20-9-442, 20-10-112, 20-10-121, 20-10-122, 20-10-123, 20-15-209, 20-15-219, 20-15-222, 20-15-224, 20-15-227, 20-15-228, 20-20-201, 20-20-301, 20-20-411, 20-20-417, 20-25-101, 20-25-226, 20-25-242, 20-25-306, 20-25-322, 20-25-323, 20-25-504, 20-25-511, 20-25-512, 20-25-513, 20-25-516, 20-25-603, 20-25-703, 20-25-801, 20-25-806, 20-31-301, 22-1-101, 22-1-308, 22-1-317, 22-1-506, 22-1-601, 22-2-103, 22-2-403, 22-2-406, 22-3-431, 22-3-432, 22-3-701, 22-3-805, 22-3-806, 23-2-301, 23-2-311, 23-2-321, 23-2-402, 23-2-503, 23-2-505, 23-2-527, 23-2-535, 23-5-131, 23-5-135, 23-5-155, 23-5-221, 23-5-409, 23-5-622, 23-7-212, 23-7-302, 23-7-307, 23-7-401, 25-1-401, 25-1-402, 25-1-1102, 25-2-125, 25-2-206, 25-3-206, 25-3-401, 25-3-402, 25-3-501, 25-3-602, 25-3-603, 25-4-101, 25-4-102, 25-4-203, 25-4-302, 25-4-401, 25-4-402, 25-4-403, 25-4-404, 25-4-502, 25-4-601, 25-4-602, 25-5-103, 25-5-202, 25-5-203, 25-5-301, 25-7-206, 25-7-209, 25-7-223, 25-7-301, 25-7-304, 25-7-403, 25-7-501, 25-7-503, 25-7-701, 25-7-702, 25-8-101, 25-8-103, 25-8-104, 25-9-103, 25-9-104, 25-9-204, 25-9-311, 25-9-404, 25-9-504, 25-9-507, 25-10-101, 25-10-102, 25-10-104, 25-10-107, 25-10-108, 25-10-201, 25-10-303, 25-10-402, 25-10-501, 25-10-503, 25-10-504, 25-10-711, 25-11-102, 25-13-103, 25-13-104, 25-13-105, 25-13-201, 25-13-205, 25-13-302, 25-13-304, 25-13-308, 25-13-405, 25-13-502, 25-13-506, 25-13-610, 25-13-614, 25-13-702, 25-13-704, 25-13-705, 25-13-706, 25-13-713, 25-13-801, 25-13-802, 25-13-803, 25-13-804, 25-13-806, 25-13-807, 25-13-808, 25-13-809, 25-13-810, 25-13-811, 25-13-821, 25-13-822, 25-13-823, 25-13-825, 25-14-102, 25-14-103, 25-14-104, 25-14-106, 25-14-108, 25-14-201, 25-14-204, 25-14-205, 25-14-302, 25-14-303, 25-14-304, 25-14-306, 25-14-307, 25-14-308, 25-14-309, 25-14-310, 25-14-311, 25-14-312, 25-15-102, 25-15-103, 25-15-104, 25-15-105, 25-15-106, 25-15-201, 25-15-202, 25-31-102, 25-31-405, 25-31-406, 25-31-512, 25-31-523, 25-31-705, 25-31-706, 25-31-707, 25-31-1002, 25-31-1111, 25-33-103, 25-33-104, 25-33-201, 25-33-202, 25-33-204, 25-33-305, 25-35-601, 25-35-603, 25-35-604, 25-35-605, 25-35-608, 25-35-702, 25-35-801, 25-35-802, 25-35-803, 25-35-804, 25-35-806, 26-1-106, 26-1-302, 26-1-303, 26-1-401, 26-1-402, 26-1-502, 26-1-601, 26-1-605, 26-1-623, 26-1-701, 26-1-803, 26-1-804, 26-1-805, 26-1-806, 26-1-807, 26-1-809, 26-1-810, 26-1-902, 26-1-903, 26-1-1011, 26-2-101, 26-2-102, 26-2-103, 26-2-104, 26-2-105, 26-2-106, 26-2-107, 26-2-201, 26-2-203, 26-2-301, 26-2-302, 26-2-303, 26-2-403, 26-2-404, 26-2-507, 26-2-509, 26-3-104, 26-3-203, 27-1-204, 27-1-210, 27-1-211, 27-1-223, 27-1-303, 27-1-308, 27-1-313, 27-1-315, 27-1-316, 27-1-320, 27-1-321, 27-1-402, 27-1-415, 27-1-416, 27-1-417, 27-1-421, 27-1-432, 27-1-433, 27-1-501, 27-1-511, 27-1-512, 27-1-513, 27-1-514, 27-1-515, 27-1-701, 27-1-711, 27-1-712, 27-1-713, 27-1-714, 27-1-715, 27-1-719, 27-1-731, 27-1-733, 27-1-802, 27-1-803, 27-1-813, 27-1-820, 27-1-1102, 27-1-1103, 27-2-210, 27-2-213, 27-2-402, 27-2-405, 27-2-407, 27-2-408, 27-5-211, 27-5-216, 27-5-217, 27-5-323, 27-6-202, 27-6-203, 27-6-301, 27-6-305, 27-6-404, 27-6-502, 27-6-503, 27-6-601, 27-6-604, 27-6-702, 27-9-102, 27-9-104, 27-12-103, 27-12-202, 27-12-203, 27-12-301, 27-12-305, 27-12-404, 27-12-503, 27-12-601, 27-12-604, 27-12-701, 27-15-101, 27-15-102, 27-16-102, 27-16-204, 27-16-205, 27-16-206, 27-16-207, 27-16-208, 27-16-209, 27-16-210, 27-16-402, 27-16-403, 27-16-404, 27-16-405, 27-16-406, 27-16-407, 27-16-501, 27-16-502, 27-16-503, 27-16-505, 27-16-601, 27-16-602, 27-16-604, 27-16-1002, 27-16-1003, 27-16-1004, 27-16-1005, 27-16-1006, 27-17-101, 27-17-102, 27-17-201, 27-17-203, 27-17-204, 27-17-205, 27-17-206, 27-17-301, 27-17-302, 27-17-303, 27-17-304, 27-17-306, 27-17-309, 27-17-310, 27-17-402, 27-18-102, 27-18-112, 27-18-202, 27-18-203, 27-18-204, 27-18-205, 27-18-207, 27-18-301, 27-18-303, 27-18-306, 27-18-401, 27-18-403, 27-18-405, 27-18-406, 27-18-407, 27-18-410, 27-18-412, 27-18-414, 27-18-501, 27-18-502, 27-18-503, 27-18-601, 27-18-602, 27-18-603, 27-18-604, 27-18-702, 27-18-713, 27-18-715, 27-18-721, 27-18-725, 27-18-726, 27-18-803, 27-18-902, 27-18-903, 27-18-904, 27-18-905, 27-18-906, 27-18-1502, 27-18-1503, 27-18-1504, 27-19-203, 27-19-315, 27-19-318, 27-20-102, 27-20-201, 27-20-203, 27-20-301, 27-20-302, 27-26-203, 27-26-303, 27-26-402, 27-27-103, 27-28-101, 27-28-103, 27-28-104, 27-28-205, 27-28-301, 27-28-302, 27-28-306, 27-28-307, 27-28-308, 27-28-401, 27-28-506, 27-30-203, 27-30-204, 27-30-302, 27-31-101, 27-32-101, 27-32-102, 27-32-301, 28-1-104, 28-1-201, 28-1-202, 28-1-303, 28-1-405, 28-1-406, 28-1-407, 28-1-502, 28-1-1101, 28-1-1104, 28-1-1105, 28-1-1106, 28-1-1112, 28-1-1113, 28-1-1204, 28-1-1206, 28-1-1211, 28-1-1212, 28-1-1221, 28-1-1224, 28-1-1302, 28-1-1303, 28-1-1304, 28-1-1504, 28-1-1602, 28-1-1603, 28-2-202, 28-2-203, 28-2-204, 28-2-205, 28-2-206, 28-2-405, 28-2-406, 28-2-407, 28-2-501, 28-2-502, 28-2-512, 28-2-702, 28-2-704, 28-2-708, 28-2-709, 28-2-801, 28-2-902, 28-2-903, 28-2-906, 28-2-1703, 28-2-1711, 28-2-1713, 28-3-306, 28-3-704, 28-10-105, 28-10-301, 28-10-302, 28-10-401, 28-10-402, 28-10-404, 28-10-405, 28-10-407, 28-10-408, 28-10-409, 28-10-501, 28-10-502, 28-10-601, 28-10-602, 28-10-603, 28-10-605, 28-10-606, 28-10-608, 28-10-609, 28-10-701, 28-10-702, 28-10-703, 28-10-801, 28-10-802, 28-11-103, 28-11-105, 28-11-108, 28-11-202, 28-11-203, 28-11-206, 28-11-211, 28-11-214, 28-11-304, 28-11-312, 28-11-316, 28-11-317, 28-11-401, 28-11-402, 28-11-411, 28-11-412, 28-11-414, 28-11-415, 28-11-416, 28-11-417, 28-11-418, 30-2-201, 30-2-304, 30-2-305, 30-2-308, 30-2-311, 30-2-312, 30-2-313, 30-2-316, 30-2-318, 30-2-319, 30-2-320, 30-2-324, 30-2-325, 30-2-401, 30-2-402, 30-2-403, 30-2-501, 30-2-504, 30-2-505, 30-2-507, 30-2-508, 30-2-509, 30-2-510, 30-2-602, 30-2-603, 30-2-604, 30-2-606, 30-2-607, 30-2-608, 30-2-609, 30-2-610, 30-2-611, 30-2-612, 30-2-613, 30-2-615, 30-2-616, 30-2-702, 30-2-704, 30-2-706, 30-2-707, 30-2-709, 30-2-711, 30-2-712, 30-2-714, 30-2-717, 30-2-718, 30-2-722, 30-2-723, 30-2A-103, 30-2A-108, 30-2A-109, 30-2A-220, 30-2A-221, 30-2A-310, 30-2A-401, 30-2A-405, 30-2A-504, 30-2A-507, 30-2A-511, 30-2A-513, 30-2A-531, 30-7-302, 30-10-204, 30-10-205, 30-10-208, 30-10-306, 30-10-307, 30-11-106, 30-11-109, 30-11-110, 30-11-111, 30-11-113, 30-11-114, 30-11-201, 30-11-202, 30-11-203, 30-11-205, 30-11-206, 30-11-207, 30-11-211, 30-11-213, 30-11-215, 30-11-220, 30-11-221, 30-11-223, 30-11-302, 30-11-502, 30-11-503, 30-11-504, 30-11-508, 30-11-510, 30-11-511, 30-11-512, 30-11-513, 30-11-514, 30-11-601, 30-11-602, 30-11-603, 30-11-604, 30-11-605, 30-11-606, 30-11-607, 30-11-703, 30-11-713, 30-11-806, 30-11-807, 30-12-202, 30-12-205, 30-12-211, 30-12-406, 30-12-504, 30-13-131, 30-13-133, 30-13-135, 30-13-216, 30-13-218, 30-14-112, 30-14-113, 30-14-114, 30-14-132, 30-14-203, 30-14-204, 30-14-213, 30-14-221, 30-14-303, 30-14-402, 30-14-504, 30-14-505, 30-14-507, 30-14-1112, 31-1-101, 31-1-108, 31-1-212, 31-1-222, 31-1-231, 31-1-232, 31-1-234, 31-1-236, 31-1-243, 31-1-304, 31-1-305, 31-1-402, 31-1-502, 31-2-102, 31-2-103, 31-2-104, 31-2-105, 31-2-201, 31-2-202, 31-2-203, 31-2-204, 31-2-205, 31-2-209, 31-2-210, 31-2-212, 31-2-214, 31-2-215, 31-2-220, 31-2-221, 31-2-224, 31-2-225, 31-2-229, 31-2-329, 31-2-333, 31-3-102, 31-3-113, 31-3-114, 31-3-121, 31-3-123, 31-3-131, 32-1-206, 32-1-403, 32-1-421, 32-1-451, 32-1-463, 32-1-466, 32-1-471, 32-1-474, 32-1-506, 32-1-510, 32-1-535, 32-1-807, 32-1-808, 32-1-903, 32-1-905, 32-1-906, 32-1-907, 32-1-908, 32-1-910, 32-2-108, 32-2-109, 32-2-209, 32-2-210, 32-2-212, 32-2-232, 32-2-233, 32-2-241, 32-2-245, 32-2-254, 32-2-255, 32-2-307, 32-2-401, 32-2-403, 32-2-404, 32-2-408, 32-2-409, 32-3-406, 32-3-407, 32-3-416, 32-3-418, 32-3-507, 32-3-605, 32-4-203, 32-4-205, 32-4-301, 32-5-304, 32-6-106, 32-6-302, 32-6-303, 32-7-103, 32-7-108, 33-1-211, 33-1-228, 33-1-302, 33-1-304, 33-1-312, 33-1-402, 33-1-502, 33-1-602, 33-1-603, 33-1-612, 33-1-613, 33-2-111, 33-2-112, 33-2-116, 33-2-120, 33-2-121, 33-2-127, 33-2-205, 33-2-208, 33-2-211, 33-2-214, 33-2-306, 33-2-308, 33-2-309, 33-2-310, 33-2-311, 33-2-503, 33-2-605, 33-2-606, 33-2-607, 33-2-612, 33-2-1104, 33-2-1105, 33-2-1106, 33-2-1120, 33-2-1122, 33-2-1206, 33-2-1211, 33-2-1212, 33-2-1310, 33-2-1321, 33-2-1323, 33-2-1333, 33-2-1334, 33-2-1341, 33-2-1344, 33-2-1345, 33-2-1347, 33-2-1348, 33-2-1352, 33-2-1353, 33-2-1355, 33-2-1357, 33-2-1358, 33-2-1360, 33-2-1362, 33-2-1364, 33-2-1365, 33-2-1366, 33-2-1367, 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72-12-404, 72-12-405, 72-12-407, 72-14-201, 72-14-202, 72-14-401, 72-14-402, 72-15-101, 72-15-102, 72-15-103, 72-15-105, 72-15-107, 72-15-109, 72-15-110, 72-15-201, 72-15-202, 72-15-203, 72-15-204, 72-15-205, 72-15-206, 72-15-207, 72-15-208, 72-15-210, 72-15-211, 72-15-213, 72-15-302, 72-15-303, 72-15-304, 72-16-501, 72-16-608, 72-16-609, 72-31-101, 72-31-102, 72-33-216, 72-33-217, 72-33-219, 72-33-306, 72-33-503, 72-34-130, 72-34-514, 72-34-515, 72-34-516, 72-35-313, 72-36-206, 75-1-312, 75-2-122, 75-2-123, 75-2-212, 75-2-411, 75-5-105, 75-5-306, 75-5-603, 75-5-641, 75-5-801, 75-7-205, 75-10-212, 75-10-214, 75-10-223, 75-10-233, 75-10-501, 75-10-940, 75-10-941, 75-16-104, 75-20-404, 75-20-405, 75-20-409, 75-20-411, 76-1-222, 76-2-221, 76-2-226, 76-2-227, 76-2-321, 76-2-326, 76-2-327, 76-3-303, 76-3-405, 76-4-110, 76-13-108, 76-13-413, 76-13-423, 76-14-105, 76-15-101, 76-15-312, 76-15-313, 76-15-315, 76-15-526, 76-15-604, 76-15-606, 76-15-710, 76-15-722, 76-15-723, 77-1-104, 77-1-111, 77-1-112, 77-1-114, 77-1-115, 77-1-201, 77-1-702, 77-1-801, 77-1-805, 77-1-806, 77-2-105, 77-2-315, 77-2-324, 77-2-329, 77-2-332, 77-2-333, 77-2-334, 77-2-335, 77-2-336, 77-3-102, 77-3-104, 77-3-115, 77-3-307, 77-3-409, 77-3-426, 77-4-108, 77-4-121, 77-4-128, 77-4-129, 77-6-108, 77-6-112, 77-6-115, 77-6-201, 77-6-209, 77-6-212, 77-6-401, 80-2-104, 80-2-202, 80-2-241, 80-2-243, 80-4-406, 80-4-424, 80-4-428, 80-4-430, 80-4-504, 80-4-506, 80-4-521, 80-4-522, 80-4-523, 80-4-524, 80-4-529, 80-4-530, 80-4-537, 80-4-539, 80-4-605, 80-6-102, 80-6-103, 80-6-104, 80-6-111, 80-6-1105, 80-7-505, 80-7-1104, 80-8-102, 80-8-103, 80-8-108, 80-8-202, 80-8-206, 80-8-208, 80-8-301, 80-8-303, 80-10-101, 80-10-201, 80-10-204, 80-10-211, 80-10-303, 80-10-503, 80-11-204, 80-11-305, 80-11-308, 80-11-311, 80-11-404, 80-11-405, 80-11-416, 80-12-202, 80-12-203, 80-12-211, 80-12-310, 80-15-218, 81-1-202, 81-1-301, 81-1-302, 81-2-101, 81-2-109, 81-2-112, 81-2-201, 81-2-204, 81-2-206, 81-2-208, 81-2-209, 81-2-303, 81-2-502, 81-2-602, 81-2-703, 81-3-106, 81-3-203, 81-3-204, 81-3-205, 81-3-214, 81-3-223, 81-3-231, 81-3-233, 81-4-104, 81-4-108, 81-4-207, 81-4-208, 81-4-212, 81-4-220, 81-4-308, 81-4-322, 81-4-326, 81-4-327, 81-4-405, 81-4-406, 81-4-410, 81-4-505, 81-4-506, 81-4-507, 81-4-508, 81-4-509, 81-4-512, 81-4-513, 81-4-603, 81-5-103, 81-6-102, 81-7-102, 81-7-115, 81-7-203, 81-7-204, 81-7-403, 81-7-501, 81-8-215, 81-8-232, 81-8-235, 81-8-251, 81-8-261, 81-8-263, 81-8-274, 81-8-278, 81-8-312, 81-8-315, 81-8-702, 81-8-704, 81-9-111, 81-9-112, 81-9-114, 81-9-218, 81-9-220, 81-9-230, 81-9-235, 81-9-313, 81-9-314, 81-9-315, 81-9-316, 81-9-402, 81-9-403, 81-20-204, 81-20-209, 81-21-102, 81-22-203, 81-22-205, 81-22-207, 81-22-402, 81-22-415, 81-23-201, 81-23-305, 81-23-403, 82-1-105, 82-1-108, 82-1-202, 82-1-203, 82-2-101, 82-2-102, 82-2-103, 82-2-105, 82-2-106, 82-2-107, 82-2-108, 82-2-109, 82-2-112, 82-2-114, 82-2-115, 82-2-203, 82-2-205, 82-2-401, 82-2-402, 82-2-405, 82-2-421, 82-4-142, 82-4-238, 82-4-355, 82-10-103, 82-10-401, 82-10-402, 82-10-506, 82-10-507, 82-11-103, 82-11-117, 82-11-141, 82-11-142, 82-11-151, 82-11-206, 82-11-209, 82-11-212, 82-11-303, 82-11-304, 82-11-305, 82-11-306, 82-15-204, 82-15-205, 85-1-622, 85-2-132, 85-2-134, 85-2-214, 85-2-218, 85-2-224, 85-2-234, 85-2-405, 85-2-412, 85-2-413, 85-2-416, 85-2-418, 85-2-804, 85-3-301, 85-3-411, 85-3-421, 85-5-102, 85-5-103, 85-5-104, 85-5-105, 85-5-108, 85-5-109, 85-5-110, 85-5-202, 85-5-302, 85-5-401, 85-5-402, 85-5-405, 85-5-406, 85-7-1504, 85-7-1506, 85-7-1507, 85-7-1508, 85-7-1615, 85-7-1618, 85-7-1703, 85-7-1811, 85-7-1901, 85-7-1912, 85-7-1924, 85-7-2017, 85-7-2027, 85-7-2114, 85-7-2115, 85-7-2116, 85-7-2133, 85-7-2153, 85-7-2166, 85-8-111, 85-8-115, 85-8-119, 85-8-121, 85-8-307, 85-8-308, 85-8-312, 85-8-314, 85-8-321, 85-8-345, 85-8-362, 85-8-364, 85-8-402, 85-8-403, 85-8-404, 85-8-612, 85-9-103, 85-9-304, 85-9-401, 85-9-402, 85-9-421, 85-9-502, 85-9-504, 85-9-628, 85-20-104, 85-20-105, 85-20-106, 87-1-204, 87-1-205, 87-1-206, 87-1-207, 87-1-208, 87-1-210, 87-1-225, 87-1-302, 87-1-402, 87-1-501, 87-1-511, 87-1-701, 87-1-704, 87-2-112, 87-2-203, 87-2-204, 87-2-602, 87-2-604, 87-2-1002, 87-3-123, 87-3-206, 87-3-221, 87-3-405, 87-3-506, 87-3-507, 87-4-301, 87-4-303, 87-4-602, 87-4-702, 87-4-703, 87-4-704, 87-4-705, 87-4-903, 87-4-904, 87-4-915, 87-4-1002, 87-4-1003, 87-5-108, 90-2-1111, 90-4-305, 90-4-309, 90-4-314, 90-4-317, 90-5-202, 90-6-120, 90-6-204, 90-6-303, AND 90-7-319, MCA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 10-1-201, MCA, is amended to read:

"10-1-201. Officers. (1) The governor shall appoint all officers of the militia.

(2) Officers must be citizens of the United States.

(3) Before a person can be appointed an officer by the governor, he shall the person must be examined and adjudged qualified to be an officer by an examining board. The composition, appointment, and examination procedure of the board and the nature and scope of examinations shall must be prescribed by federal law or regulation or state regulations.

(4) Each officer shall hold office under his the appointment until he the officer is regularly appointed to another grade or office or until he the officer is regularly retired, discharged, dismissed, or placed in the reserve."

Section 2. Section 10-1-202, MCA, is amended to read:

"10-1-202. Oath of office. (1) Except when a comparable oath is subscribed to under federal law or regulation, every officer shall take and subscribe to the following oath of office:

"I, ...., do solemnly swear that I will support and defend the constitution of the United States and the constitution of the state of Montana against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the president of the United States and the governor of the state of Montana; that I make this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office of .... in the .... upon which I am about to enter, so help me God."

(2) If an officer refuses or neglects to take the oath, he shall be the officer is considered to have resigned the office and a new appointment shall must be made."

Section 3. Section 10-1-206, MCA, is amended to read:

"10-1-206. Examination as to fitness -- board of examination. (1) The governor, when he the governor considers it necessary, may order an officer to appear before a board of examination. The board of examination shall consist consists of three officers, senior in rank to the officer whose fitness for service is under examination. The board may:

(a) inquire into the fitness for military service due to physical disability of an officer under 10-1-203(1)(b);

(b) inquire into the moral character, capacity, and professional fitness of an officer in order to make a recommendation under 10-1-205(2)(e).

(2) The board, under 10-1-203(1)(b), may recommend the retention of the officer being examined or his recommend the officer's retirement because of a physical inability to perform active service.

(3) The board, under 10-1-205(2)(e), may recommend the discharge and the vacating of his the officer's commission or warrant.

(4) The findings of the board become effective only upon the approval of the governor."

Section 4. Section 10-1-302, MCA, is amended to read:

"10-1-302. Oath of enlistment. (1) Except when a comparable oath of enlistment is subscribed to under federal law or regulation, every person who enlists or reenlists shall take and subscribe to the following oath of enlistment:

"I hereby acknowledge to have voluntarily enlisted this .... day of .... in the .... of the United States and the state of Montana for a period of .... years under the conditions prescribed by law, unless sooner discharged by proper authority. And I do solemnly swear that I will bear true faith and allegiance to the United States of America and to the state of Montana, and that I will serve them honestly and faithfully against all their enemies, and that I will obey the orders of the president of the United States, the governor of the state of Montana, and the officers appointed over me."

(2) Any officer of the organized militia or any officer of the armed forces of the United States, detailed to duty with any component of the organized militia of this state, may administer the oath of enlistment to enlisted men personnel."

Section 5. Section 10-1-405, MCA, is amended to read:

"10-1-405. Confinement of persons committed by military court. The keepers of a municipal or county jail shall receive a person committed to them by a military court and shall confine him the person in accordance with the direction of the court."

Section 6. Section 10-1-503, MCA, is amended to read:

"10-1-503. Allowances for incidental expenses. Each commanding officer may receive an allowance for the incidental expenses of his the command."

Section 7. Section 10-1-601, MCA, is amended to read:

"10-1-601. Actions against militia members -- attorney's attorney fees. When an action is commenced in a court against a member of the organized militia for an act done in his an official capacity in the discharge of his the member's duty or for an alleged omission to do an act which that it was his the member's duty to perform, the defendant shall must be defended by the attorney general at the expense of this state, but private counsel may be employed by the defendant."

Section 8. Section 10-1-611, MCA, is amended to read:

"10-1-611. Authority of commanding officer to arrest. The commanding officer at any drill, parade, encampment, or other duty may order those under his the commanding officer's command to perform any military duty he the commanding officer requires. The commanding officer may arrest, for the time of the drill, parade, encampment, or other duty, an officer or enlisted man person who disobeys the orders of his a superior officer."

Section 9. Section 10-1-804, MCA, is amended to read:

"10-1-804. Bonus. A member is entitled to receive a bonus payment for each year of service for which he the member extends or reenlists. The bonus shall must be paid to each eligible member within 60 days following the successful completion of a year of service for which he the member extended or reenlisted. The secretary shall set the amount of the bonus based on the appropriation for that purpose."

Section 10. Section 10-1-805, MCA, is amended to read:

"10-1-805. Eligibility. The bonus must be granted to a person who:

(1) extends his the person's original enlistment or reenlists in the Montana national guard;

(2) holds a rank commensurate with a unit vacancy in accordance with the national guard bureau's policy;

(3) does not have 20 years of total service;

(4) is not a civil service employee in a full-time capacity with the national guard, including but not limited to active duty for training or full-time training duty;

(5) is not eligible for any federally funded national guard bonus for the reenlistment or extension covered by this part; and

(6) attends 90% of the scheduled drills and annual training in the year for which the benefit is to be paid."

Section 11. Section 10-1-806, MCA, is amended to read:

"10-1-806. Administration. (1) The secretary shall administer this part. He The secretary shall maintain records and make rules necessary for its administration.

(2) He The secretary shall determine the eligibility of members to receive the bonus and disburse a bonus payment upon a determination of eligibility."

Section 12. Section 10-2-103, MCA, is amended to read:

"10-2-103. Seal -- acknowledgments -- officers. (1) The board may provide for a seal.

(2) The members and employees of the board may take acknowledgments, depositions, and administer oaths and affirmations in any matters connected with the affairs of the board or with the official duties of the members or employees of the board.

(3) The board shall select from its membership a chairman presiding officer, a vice-chairman vice presiding officer, and a secretary."

Section 13. Section 10-2-105, MCA, is amended to read:

"10-2-105. Extra compensation for service forbidden. A member or employee of the board may not accept, receive, or charge any money or thing of value for the performance of any service rendered to any veteran or his or her the veteran's dependents, at any time or in any manner, other than the compensation allowed by law. A person who violates this section is guilty of a misdemeanor."

Section 14. Section 10-2-107, MCA, is amended to read:

"10-2-107. Contracts for federal reimbursement funds. The governor of this state and the chairman presiding officer and secretary of the board may sign contracts with the federal government or any agency thereof of the federal government for the reimbursement of the board for any work which that the board may do for which any federal statute provides reimbursement to the states."

Section 15. Section 10-3-101, MCA, is amended to read:

"10-3-101. Declaration of policy. Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action and natural disasters and in order to provide for prompt and timely reaction to an emergency or disaster, to insure ensure that preparation of this state will be adequate to deal with disasters or emergencies, and generally to provide for the common defense and to protect the public peace, health, and safety and to preserve the lives and property of the people of this state, it is declared to be necessary to:

(1) authorize the creation of local or interjurisdictional organizations for disaster and emergency services in the political subdivisions of this state;

(2) reduce vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural or man-made human-caused disasters;

(3) provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters;

(4) clarify and strengthen the roles of the governor, state agencies, and local governments in prevention of, preparation for, response to, and recovery from emergencies and disasters;

(5) authorize and provide for cooperation in disaster prevention, preparedness, response, and recovery;

(6) authorize and provide for coordination of activities relating to disaster prevention, preparedness, response, and recovery by agencies and officers of this state and similar state-local, interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate;

(7) provide an emergency and disaster management system embodying all aspects of emergency or disaster prevention, preparedness, response, and recovery;

(8) assist in prevention of disasters caused or aggravated by inadequate planning for public and private facilities and land use;

(9) supplement, without in any way limiting, authority conferred by previous statutes of this state and increase the capability of the state, local, and interjurisdictional disaster and emergency services agencies to perform disaster and emergency services; and

(10) authorize the payment of extraordinary costs and the temporary hiring, with statutorily appropriated funds under 10-3-312, of professional and technical personnel to meet the state's responsibilities in providing assistance in the response to, recovery from, and mitigation of disasters in either state or federal emergency or disaster declarations."

Section 16. Section 10-3-102, MCA, is amended to read:

"10-3-102. Limitations. Nothing in parts Parts 1 through 4 of this chapter may not be construed to give any state, local, or interjurisdictional agency or public official authority to:

(1) interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by parts 1 through 4 of this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;

(2) interfere with dissemination of news or comment on public affairs;. but However, any communications facility or organization, (including but not limited to radio and television stations, wire services, and newspapers), may be required to transmit or print public service messages furnishing information or instructions in connection with an emergency or disaster;.

(3) affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or of any personnel thereof, of those entities when on active duty;, but state, local, and interjurisdictional disaster and emergency plans shall must place reliance upon the forces available for performance of functions related to emergencies and disasters; or

(4) limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in him the governor under the constitution, statutes, or common law of this state independent of or in conjunction with any provisions of parts 1 through 4 of this chapter."

Section 17. Section 10-3-112, MCA, is amended to read:

"10-3-112. Employment requirements for personnel -- political involvement of organizations prohibited. (1) A person may not be employed in any disaster and emergency services organization established under parts 1 through 4 of this chapter who advocates a change by force or violence in the constitutional form of the government of the United States or in this state or the overthrow of any government in the United States by force or violence or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in an organization for disaster and emergency services shall, before entering upon his the person's duties, take an oath, in writing, before a person authorized to administer oaths in this state, which oath shall be that is substantially as follows:

"I ...., swear (or affirm) that I will support and defend The Constitution of the United States and The Constitution of the State of Montana against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me, God."

(2) An organization for disaster and emergency services established under this chapter may not participate in any form of political activity, nor may it be employed directly or indirectly for political purposes."

Section 18. Section 10-3-204, MCA, is amended to read:

"10-3-204. Intergovernmental arrangements. (1) This state enacts into law and enters into the interstate mutual aid compact with all states, as defined therein in the compact, which states that have enacted or shall hereafter enact the compact in the form substantially contained in 10-3-207.

(2) The governor may enter into the compact with any state if he the governor finds that joint action with the state is desirable in meeting common intergovernmental problems of emergency and disaster planning, prevention, response, and recovery.

(3) Nothing in subsections Subsections (1) and (2) may not be construed to limit previous or future entry of this state into the interstate mutual aid compact.

(4) All interstate mutual aid compacts and other interstate agreements dealing with disaster and emergency services shall must be reviewed and made current at intervals not to exceed 4 years.

(5) If a person holds a license, certificate, or other permit issued by any state or political subdivision thereof of a state evidencing the meeting of qualifications for professional, mechanical, or other skills, the person may render aid involving that skill in this state to meet an emergency or disaster and this state shall give due recognition to the license, certificate, or other permit.

(6) When considered of mutual benefit, the governor may, subject to limitations of law, enter into intergovernmental arrangements with neighboring provinces of Canada for the purpose of exchanging disaster and emergency services."

Section 19. Section 10-3-302, MCA, is amended to read:

"10-3-302. Declaration of emergency -- effect and termination. (1) A state of emergency may be declared by the governor when he the governor determines that an emergency as defined in 10-3-103 exists.

(2) An executive order or proclamation of a state of emergency shall activate activates the emergency response and disaster preparation aspects of the state disaster and emergency plan and program applicable to the political subdivision or area and be is authority for the deployment and use of any forces to which the plans apply and for the distribution and use of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to parts 1 through 4 of this chapter or any other provision of law pertaining to disasters and disaster-related emergencies.

(3) A state of emergency may not continue for longer than 20 days unless continuing conditions of the state of emergency exist, which shall must be determined by a declaration of an emergency by the president of the United States or by a declaration of the legislature by joint resolution of continuing conditions of the state of emergency."

Section 20. Section 10-3-303, MCA, is amended to read:

"10-3-303. Declaration of disaster -- effect and termination. (1) A state of disaster may be declared by the governor when he the governor determines that a disaster has occurred.

(2) An executive order or proclamation of a state of disaster shall activate activates the disaster response and recovery aspects of the state disaster and emergency plan and program applicable to the political subdivision or area and be is authority for the deployment and use of any forces to which the plans apply and for the distribution and use of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to parts 1 through 4 of this chapter or any other provision of law pertaining to disaster and disaster-related emergencies.

(3) A state of disaster may not continue for longer than 30 days unless continuing conditions of the state of disaster exist, which shall must be determined by a declaration of a major disaster by the president of the United States or by the declaration of the legislature by joint resolution of continuing conditions of the state of disaster.

(4) The governor shall terminate a state of emergency or disaster when:

(a) the emergency or disaster has passed;

(b) the emergency or disaster has been dealt with to the extent that emergency or disaster conditions no longer exist; or

(c) at any time the legislature terminates the state of emergency or disaster by joint resolution. However, after termination of the state of emergency or disaster, disaster and emergency services required as a result of the emergency or disaster may continue."

Section 21. Section 10-3-313, MCA, is amended to read:

"10-3-313. Temporary housing for disaster victims -- site acquisition and preparation. (1) Whenever the governor has declared a state of emergency or state of disaster or the president has declared an emergency or a major disaster to exist in this state, the governor is authorized:

(a) to enter into purchase, lease, or other arrangements with any agency of the United States for temporary housing units to be occupied by emergency or disaster victims and to make such the units available to any political subdivision of the state;

(b) to assist any political subdivision of this state which that is the locus of temporary housing for emergency or disaster victims to acquire sites necessary for such temporary housing and to do all things required to prepare such the site to receive and utilize temporary housing units by:

(i) advancing or lending funds available to the governor from any appropriation made for those purposes by the legislature or from any other source;

(ii) "passing through" funds made available for those purposes by any agency, public or private; or

(iii) becoming a copartner with the political subdivision for the execution and performance of any temporary housing project for emergency or disaster victims;

(c) under such regulations as he shall prescribe that the governor prescribes, to temporarily suspend or modify for not to exceed 60 days any state laws or regulations relating to public health, safety, zoning, or transportation, (within or across the state), laws or regulations within this state when by proclamation he the governor declares such the suspension or modification essential to provide temporary housing for emergency or disaster victims.

(2) Any political subdivision of this state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for emergency or disaster victims and to enter into whatever arrangements, including purchase of temporary housing units and payment of transportation charges, which that are necessary to prepare or equip such the sites to utilize the housing units.

(3) Nothing contained in parts Parts 1 through 4 of this chapter shall may not be construed to limit the governor's authority to apply for, administer, and expend any grants, gifts, or payments in aid of emergency or disaster prevention, preparedness, response, or recovery."

Section 22. Section 10-3-314, MCA, is amended to read:

"10-3-314. Community disaster loans. Whenever, at the request of the governor, the president has declared a major disaster to exist in this state, the governor is authorized:

(1) upon his the governor's determination that a political subdivision of the state will suffer a substantial loss of tax and other revenues revenue from an emergency or disaster and has demonstrated a need for financial assistance to perform its governmental functions, to apply to the federal government, on behalf of the political subdivision, for a loan. The proceeds are statutorily appropriated, as provided in 17-7-502, to the governor, who may receive and disburse the proceeds of any approved loan to any applicant political subdivision.

(2) to determine the amount needed by any applicant political subdivision to restore or resume its governmental functions and to certify the same to the federal government. However, no the application amount may not exceed 25% of the annual operating budget of the applicant for the fiscal year in which the emergency or disaster occurs.

(3) to recommend to the federal government, based upon his the governor's review, the cancellation of all or any part of repayment when, in the first 3 full fiscal years following the emergency or disaster, the revenues revenue of the political subdivision are is insufficient to meet its operating expenses, including additional emergency- emergency-related or disaster-related expenses of a the political subdivision operation character."

Section 23. Section 10-3-501, MCA, is amended to read:

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

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

Section 24. Section 10-3-503, MCA, is amended to read:

"10-3-503. Governor's powers and duties. (1) The governor has general direction and control of the emergency resources management within this state and all officers, boards, agencies, individuals, or groups established under the emergency resources management plan.

(2) In performing his duties under this part, the governor may cooperate with the federal government, with other states, and with private agencies in all matters pertaining to the emergency management of resources.

(3) In performing his duties under this part and to effect its policies and purpose, the governor may make, amend, and rescind the necessary orders and rules to carry out this part within the limits of authority conferred upon him the governor, with due consideration of the emergency resources management plans of the federal government."

Section 25. Section 10-3-505, MCA, is amended to read:

"10-3-505. Proclamation of emergency -- effect and termination. (1) Following an attack, the governor, if he the governor finds such that action is necessary to deal with the danger to the public safety caused thereby by the attack or to aid in the postattack recovery or rehabilitation of the United States or any part thereof of the United States, the governor shall declare by proclamation the existence of a postattack recovery and rehabilitation emergency. Any such A proclamation shall be is ineffectual unless the legislature is then in session or the governor simultaneously issues an order convening the legislature in special session within 45 days.

(2) During the period when the proclamation issued under subsection (1) of this section is in force or during the continuance of any emergency declared by the president of the United States or the congress calling for postattack recovery and rehabilitation activities, subject to the limitations set forth in this part and in a manner consistent with any rules or orders and policy guidance issued by the federal government, the governor may issue, amend, and enforce rules and orders to:

(a) control, restrict, and regulate, by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation, or other means, the use, sale, or distribution of food, feed, fuel, clothing and other commodities, materials, goods, or services;

(b) prescribe and direct activities in connection with but not limited to use, conservation, salvage, and prevention of waste of materials, services, and facilities, including production, transportation, power, and communication facilities, training and supply of labor, utilization of industrial plants, health and medical care, nutrition, housing, including the use of existing and private facilities, rehabilitation, education, welfare, child care, recreation, consumer protection, and other essential civil needs; and

(3) All rules and orders issued under authority conferred by this part have the effect of law during the continuance of a proclamation or declaration of emergency as contemplated by this section when a copy of the rule or order is filed in the office of the secretary of state or, if issued by a local or area official, when filed in the office or offices of the county clerk and recorder. If, by reason of destruction or disruption attendant upon or resulting from attack, the filing requirements of this subsection cannot be met, public notice by such means as that may be available shall must be considered a complete and sufficient substitute. All existing laws, ordinances, rules, and orders inconsistent with the provisions of this part or any rule or order issued under the authority thereof shall be of this part is inoperative during the period of time and to the extent such that inconsistency exists.

(4) Any authority exercised under a proclamation of emergency contemplated by this section may be exercised with respect to the entire territory over which the governor or other official, as the case may be, has jurisdiction or to any specified part thereof of the territory.

(5) The governor's power and authority to issue a proclamation following an attack shall must be terminated by the passage of a joint resolution of the legislature or by declaration of the termination of the emergency by the president or by the congress,. however However, the proclamation shall must terminate automatically 6 months after issuance and a similar proclamation may not be issued unless concurrence is given thereto by a joint resolution of the legislature."

Section 26. Section 10-3-605, MCA, is amended to read:

"10-3-605. Filling vacancy for city or town executive. In the event that If the executive head of any city or town is unavailable following an enemy attack to exercise the powers and discharge the duties of his office, then those members of the city or town council or commission available shall, by majority vote, choose a successor to act as the executive head of such the city or town."

Section 27. Section 10-3-607, MCA, is amended to read:

"10-3-607. Relocating seat of state government. If the seat of state government at Helena is rendered unsuitable for use in that capacity, the seat of state government may be moved to an alternate location within the boundaries of the state of Montana by proclamation of the governor. He The governor shall consider other Montana cities in order of their population in the last federal census, giving consideration to available communications, office space, and such other factors as may seem to him considered pertinent. Such The move of the seat of government shall be is effective until it is again moved by proclamation of the governor or action by the legislature."

Section 28. Section 10-3-702, MCA, is amended to read:

"10-3-702. Definitions. As used in this part, the following definitions apply:

(1) "Jurisdiction" means the jurisdiction of any law enforcement agency within Montana.

(2) "Tactical incident" means any situation in which it is reasonable to expect the possibility of the loss of life or the taking of a hostage unless extraordinary steps are taken. These situations may include but are not limited to:

(a) a barricaded gunman person with a gun;

(b) a person taken hostage;

(d) civil disorder;

(e) terrorist activity;

(f) protection of a dignitary; and

(g) courtroom security in extraordinary circumstances.

(3) "Tactical team" means a small group of highly disciplined law enforcement officers trained to provide a quick and ready response to high risk high-risk conditions and situations that go beyond the capabilities of normally trained and equipped officers. With specialized training, tactics, and equipment, this small group of officers provides a greater expectation of resolving incidents without loss of property, injury, or loss of life."

Section 29. Section 10-3-1106, MCA, is amended to read:

"10-3-1106. Submission of agreement to attorney general. (1) As a condition precedent to an agreement becoming effective under this part, the agreement must be submitted to and receive the approval of the state attorney general.

(2) The attorney general shall approve an agreement submitted to him under this part unless he the attorney general finds that it is not in proper form, does not meet the requirements set forth in this part, or otherwise does not conform to the laws of Montana. If he disapproves an agreement, he is disapproved, the attorney general shall provide a detailed, written statement to the appropriate governing bodies of the fire protection services, emergency medical care providers, and local government subdivisions.

(3) If the attorney general does not disapprove an agreement within 60 days after its submission to him, it is considered approved."

Section 30. Section 13-1-114, MCA, is amended to read:

"13-1-114. Computation of elector's age and term of residence. An elector's age and the term of his an elector's residence must be computed by including the day of election."

Section 31. Section 13-1-201, MCA, is amended to read:

"13-1-201. Chief election officer. The secretary of state is the chief election officer of this state, and it is his the secretary of state's responsibility to obtain and maintain uniformity in the application, operation, and interpretation of the election laws other than those in Title 13, chapters 35, 36, or 37 of this title."

Section 32. Section 13-2-112, MCA, is amended to read:

"13-2-112. Register of electors to be kept. Each election administrator shall keep an official register of electors in the manner he that the administrator considers most efficient. The original signed registration form for each elector shall must be filed alphabetically in a separate file for each precinct. Additional files and records may be established for convenience. The information recorded in the official register of electors and the design of the registration forms shall must be prescribed by the secretary of state."

Section 33. Section 13-2-206, MCA, is amended to read:

"13-2-206. Citizenship requirements. A person shall may not be permitted to register until he the person attains United States citizenship."

Section 34. Section 13-2-221, MCA, is amended to read:

"13-2-221. Agency-based registration. (1) Qualified individuals must be given the opportunity to register to vote when applying for or receiving services or assistance:

(a) at an agency that provides public assistance;

(b) at or through an agency that provides state-funded programs primarily engaged in providing services to persons with disabilities; or

(2) Agency-based registration sites must:

(a) distribute application for voter registration forms with each application for services or assistance; and

(b) assist an applicant in completing an application for voter registration form, unless the applicant refuses assistance.

(3) The completed application for voter registration form must be transmitted by the agency to the election administrator of the county of the elector's residence within the time period specified by 42 U.S.C. 1973gg, et seq.

(4) As used in this section, the following definitions apply:

(a) "Agency" "agency" means a state agency as defined in 2-4-102(2)(a) or an office of a political subdivision.

(b) "Political subdivision" means a city, county, consolidated city-county government, or town."

Section 35. Section 13-3-102, MCA, is amended to read:

"13-3-102. Change of precinct boundaries. (1) The county governing body may change the boundaries of precincts, but not within 100 days before any primary or between a general election and the primary for that election. When the changes are required to make precinct boundaries conform to legislative district boundaries following the adoption of a districting and apportionment plan under Article V, section 14, of the 1972 Montana constitution or other district boundaries changed by the districting and apportionment plan, the changing of precinct boundaries must be accomplished within 45 days of the filing of the final plan.

(2) All changes must be certified to the election administrator 3 days or less after the change is made.

(3) The officials responsible for preparing a districting and apportionment plan shall consider the problems of conforming present precinct boundaries to the new districts as well as existing boundaries of wards, school districts, and other districts. The election administrator of counties involved in the plan shall must be consulted before adoption of the final plan."

Section 36. Section 13-3-103, MCA, is amended to read:

"13-3-103. Certification of boundary changes. (1) Not more than 10 days after an order of the governing body has established or changed the boundaries of an election precinct, the governing body shall cause to be prepared and delivered to the election administrator ensure that a written legal description and a map showing the borders of all precincts and districts in which elections are held within the county are prepared and delivered to the election administrator.

(2) Not more than 10 days after school district or other election district boundaries have been changed, the governing body making the change shall certify any changes or alterations in the boundaries to the election administrator and deliver a written legal description and a map showing boundaries of the wards, school districts, or other election districts. The map must be sufficiently detailed to clearly identify the wards or districts and the territory included in each."

Section 37. Section 13-3-201, MCA, is amended to read:

"13-3-201. Purpose. The purpose of this part is to promote the fundamental right to vote by improving access to polling places for individuals with disabilities and elderly individuals to polling places. The provisions of this part acknowledge that, in certain cases, it may not be possible to locate a polling place that meets the standards for accessibility, either because an accessible polling place does not exist or, if it does, its location in the precinct would require undue travel for a majority of the electors. In those cases when an accessible polling place is not available, this part provides voters with disabilities and elderly voters an alternative means for casting a ballot on election day."

Section 38. Section 13-3-211, MCA, is amended to read:

"13-3-211. Emergency exemption. (1) The secretary of state shall exempt a polling place from the requirements of this part if an emergency occurs within 10 days prior to an election. An emergency is considered to exist if a polling place becomes unavailable by reason of loss of lease, fire, snow, or natural disaster.

(2) If an emergency occurs, the election administrator in the county shall designate a new polling place in accordance with the procedure provided in 13-3-105. The new polling place must be is considered temporary and must be is exempt from the survey procedures established under 13-3-206. However, such the polling place may not be used in a subsequent election unless it is surveyed as required in 13-3-206."

Section 39. Section 13-10-203, MCA, is amended to read:

"13-10-203. Indigent candidates. If an individual is unable to pay a filing fee, the filing officer shall accept the following documents in lieu of a filing fee:

(1) from a successful write-in candidate, a verified statement that he the candidate is unable to pay the filing fee;

(2) from a candidate for nomination, a verified statement that he the candidate is unable to pay the filing fee and a written petition for nomination as a candidate that meets the following requirements:

(a) the petition contains the name of the office to be filled and the candidate's name and residence address;

(b) the petition contains signatures numbering 5% or more of the total vote cast for the successful candidate for the same office at the last general election;

(c) the signatures are those of electors residing within the political subdivision of the state in which the candidate petitions for nomination; and

(d) the signatures have been certified by the appropriate election administrator by the procedure provided in 13-27-303 and 13-27-304."

Section 40. Section 13-10-305, MCA, is amended to read:

"13-10-305. Independent forfeits place on ballot. An individual who has filed as an independent candidate forfeits his the individual's place on the general election ballot as an independent candidate if he the individual accepts a write-in nomination for an office as provided in 13-10-204."

Section 41. Section 13-10-325, MCA, is amended to read:

"13-10-325. Withdrawal from nomination. (1) A candidate for nomination or candidate for election to an office may withdraw from the election by sending a statement of withdrawal to the officer with whom his the candidate's declaration, petition, or acceptance of nomination was filed. The statement must contain all information necessary to identify the candidate and the office sought and the reason for withdrawal. It shall The statement must be sworn or affirmed before an officer empowered to administer oaths. A candidate may not withdraw later than 85 days before a general election or 75 days before a primary election.

(2) Filing fees paid by the candidate may not be refunded."

Section 42. Section 13-10-501, MCA, is amended to read:

"13-10-501. Petition for nomination by independent candidates or political parties not eligible to participate in primary election. (1) Except as provided in 13-10-504, nominations for public office by an independent candidate or a political party which that does not meet the requirements of 13-10-601 may be made by a petition for nomination.

(2) The petition must contain the same information and the oath of the candidate required for a declaration for nomination.

(3) If a petition is filed by a political party, it must contain the party name and, in five words or less, the principle which such that the body represents.

(4) The form of the petition shall must be prescribed by the secretary of state, and he the secretary of state shall furnish sample copies to the election administrators and on request to any individual.

(5) Each sheet of a petition must contain signatures of electors residing in only one county."

Section 43. Section 13-10-507, MCA, is amended to read:

"13-10-507. Independent candidates -- association with political parties not allowed. (1) A person seeking office as an independent candidate may not be associated with a political party for 1 year prior to the submission of his the person's nomination petition.

(2) For the purposes of subsection (1), "associated with a political party" means having run for office as a partisan candidate or having held an office with a political party designation."

Section 44. Section 13-10-602, MCA, is amended to read:

"13-10-602. Use of party name. (1) Every A political party and its regularly nominated candidates, members, and officers have the sole and exclusive right to the use of the party name. No A candidate for office may not use any word of the name of any other political party or organization other than that by which he the candidate is nominated.

(2) An independent or nonpartisan candidate shall may not use any word of the name of any existing political party or organization in his the candidacy."

Section 45. Section 13-12-210, MCA, is amended to read:

"13-12-210. Number of ballots to be provided for each precinct. (1) The election administrator shall provide each election precinct with sufficient ballots for the electors registered, plus an extra supply to cover spoiled ballots.

(2) The election administrator shall keep a record in his the administrator's office showing the exact number of ballots that are delivered to the election judges of each precinct."

Section 46. Section 13-13-118, MCA, is amended to read:

"13-13-118. Taking ballot to disabled elector. (1) The chief election judge may appoint two election judges who represent different political parties to take a ballot to an elector able to come to the premises where a polling place is located but unable to enter the polling place because of a disability. The elector may request assistance in marking his the ballot as provided in 13-13-119.

(2) The judges shall have the elector sign an oath form stating he that the elector is entitled to vote and shall write in the precinct register by the elector's name "voted on the premises by oath" and sign their names.

(3) When the ballot or ballots are marked and folded, the judges shall immediately take them into the polling place and give them to the judge at the ballot box. The judge receiving the voted ballots shall distinctly announce he that the judge has "a ballot offered by ...... (name), an elector physically unable to enter the room. Does anyone object to the reception of the ballot?" If no an objection is not heard, the judge shall remove the stub and place the ballot and stub in the proper boxes. Any challenge to the elector's right to vote shall must be resolved as provided in Title 13, chapter 13, part 3."

Section 47. Section 13-13-120, MCA, is amended to read:

"13-13-120. Poll watchers -- announcement of elector's name. The election judges shall permit one poll watcher from each political party to station himself be stationed close to the poll lists in a location that does not interfere with the election procedures. At the time when each elector signs his the elector's name, one of the election judges shall pronounce the name loud enough to be heard by the poll watchers. A poll watcher who does not understand the pronunciation has the right to request that the judge repeat the name. Poll watchers shall must also be permitted to observe all of the vote counting procedures of the judges after the closing of the polls and all entries of the results of the elections."

Section 48. Section 13-13-225, MCA, is amended to read:

"13-13-225. Special absentee election boards -- members -- appointment. (1) The election administrator shall designate and appoint a number of special absentee election boards as needed to serve in various places to deliver ballots to electors who are entitled to vote by absentee ballot as provided in 13-13-229.

(2) In a partisan election, each special absentee election board must consist of two members, one from each of the two political parties receiving the highest number of votes in the state during the last preceding general election. Board members shall reside in the county in which they serve.

(3) A member of a special absentee election board may not be a candidate or a spouse, ascendant, descendant, brother, or sister of a candidate or of a candidate's spouse or the spouse of any one of these if the candidate's name appears on a ballot in the county."

Section 49. Section 13-13-227, MCA, is amended to read:

"13-13-227. Oath of board members. Before assuming any of his the responsibilities under this part, each member of a special absentee election board must shall take and subscribe the official oath in the same manner as prescribed for an election judge in 13-4-105."

Section 50. Section 13-13-602, MCA, is amended to read:

"13-13-602. Fail-safe and provisional voting by mail. (1) To ensure the election administrator has information sufficient to determine the elector's eligibility to vote, an elector voting by mail may enclose in the outer return envelope, together with the voted ballot in the secrecy envelope, a copy of a current and valid photo identification with the elector's name or a copy of a current utility bill, bank statement, paycheck, notice of confirmation of voter registration issued pursuant to 13-2-207, government check, or other government document that shows the elector's name and current address.

(2) If The elector's ballot must be handled as a provisional ballot under 13-15-107 if:

(a) a provisionally registered elector voting by mail does not enclose with the ballot the information described in subsection (1),;

(b) if the information provided under subsection (1) is invalid or insufficient to verify the elector's eligibility,; or

(c) if the elector's name does not appear on the precinct register, the elector's ballot must be handled as a provisional ballot under 13-15-107."

Section 51. Section 13-14-111, MCA, is amended to read:

"13-14-111. Application of general laws. Candidates Except as otherwise provided in this chapter, candidates for nonpartisan offices, including judicial offices, shall must be nominated and elected according to the provisions of this title except as otherwise provided in this chapter."

Section 52. Section 13-14-211, MCA, is amended to read:

"13-14-211. Judicial offices separate and independent offices for election purposes. (1) Each vacancy for justice of the supreme court is a separate and independent office for election purposes. The chief justice of the supreme court shall assign an individual number to the justices and certify these numbers to the office of the secretary of state.

(2) Each vacancy for judicial office in a district which that has more than one district judge is a separate and independent office for election purposes.

(3) Each vacancy for office in a county which that has more than one justice of the peace is a separate and independent office for election purposes."

Section 53. Section 13-14-212, MCA, is amended to read:

"13-14-212. Form of ballot on retention of certain incumbent judicial officers. (1) If there is no candidate other than the incumbent is the only candidate for the office of chief justice, supreme court justice, district court judge, or justice of the peace, the name of the incumbent must be placed on the official ballot for the general election as follows:

Shall (insert title of officer) (insert name of the incumbent officer) of the (insert title of the court) of the state of Montana be retained in office for another term?

(2) Following the question, provision must be made, subject to rules adopted pursuant to 13-12-202, for a voter to indicate a "yes" or "no" vote."

Section 54. Section 13-15-201, MCA, is amended to read:

"13-15-201. Preparation for count. (1) Subject to 13-10-311, to prepare for a manual or automatic count of ballots, the counting board or, if appointed, the absentee counting board shall take ballots out of the box to determine whether each ballot is single.

(2) An absentee ballot must be rejected and handled as provided in 13-15-108 if in the envelope there is contains more than one voted ballot for each election.

(3) The board shall count all ballots to ensure that the total number of ballots corresponds with the total number of names in the pollbook.

(4) If the board cannot reconcile the total number of ballots with the pollbook, the board shall submit to the election administrator a written report stating how many ballots were missing or in excess and any reason of which they are aware for the discrepancy. Each judge on the board shall sign the report.

(5) A ballot that is not marked as official is void and may not be counted unless all judges on the board agree that the marking is missing because of an error by election officials, in which case the ballot must be marked "unmarked by error" on the back and must be initialed by all judges.

(6) If two or more ballots are folded or stuck together to look like a single ballot, they must be laid aside until the count is complete. The counting board shall compare the count with the pollbooks, and if a majority believes that the ballots folded together were voted by one elector, the ballots must be rejected and handled as provided in 13-15-108, otherwise they must be counted."

Section 55. Section 13-15-204, MCA, is amended to read:

"13-15-204. Signing and certifying pollbook. Immediately after the votes are counted and the ballots sealed up, the pollbook shall must be signed and certified to by the election judges in a form prescribed by the secretary of state."

Section 56. Section 13-15-205, MCA, is amended to read:

"13-15-205. Items to be delivered to election administrator by election judges -- disposition of other items. (1) Before they adjourn, the election judges shall enclose in a strong envelope or package, securely fastened:

(a) the precinct register;

(b) the list of individuals challenged;

(d) both of the tally sheets.

(2) The election judges shall enclose in a separate package or envelope, securely sealed, all unused ballots with the numbered stubs attached.

(3) The election judges shall enclose in a separate package or envelope, securely sealed, all ballots voted, including those not counted or allowed, and detached stubs from all counted or rejected absentee ballots. This envelope shall must be endorsed on the outside "ballots voted". At the primary election the unvoted party ballots shall must be enclosed in a separate package or envelope, securely sealed, and marked on the outside "unvoted ballots".

(4) Each election judge shall write his the judge's name across all seals.

(5) The return form provided for in 13-15-101 shall must be returned with the items provided for in this section but may not be sealed in any of the packages.

(6) The envelopes or packages required by this section shall must be delivered to the election administrator by the chief election judge or another judge appointed by the chief judge in the manner ordered by the election administrator.

(7) The election administrator shall instruct the chief election judge in writing on the proper disposition of all other election materials and supplies."

Section 57. Section 13-15-403, MCA, is amended to read:

"13-15-403. Canvass to be public -- nonessentials to be disregarded -- petition for recount. (1) The canvass shall must be public. It shall must proceed by opening the returns, auditing the tally books or other records of votes cast, determining the vote for each individual and for and against each ballot issue from each precinct, compiling totals, and declaring or certifying the results.

(2) The board shall record all write-in votes shown in the returns from each precinct.

(3) The returns may not be rejected because of failure to show who administered the oath to the election judges, failure to complete all the certificates in a pollbook, or because of failure of any other act making up the returns that is not essential to determine for whom the votes were cast.

(4) If during a canvass the board finds an error in a precinct or precincts affecting the accuracy of vote totals, the board immediately may petition for a recount of the votes cast in the precinct or precincts, as provided in 13-16-201, or for an inspection of ballots, as provided in 13-16-420."

Section 58. Section 13-15-404, MCA, is amended to read:

"13-15-404. Information to be entered on record. (1) The secretary of the board shall prepare and file in the official records of his the secretary's office a report of the canvass which that lists:

(a) the total number of electors voting in each precinct, district, or portion of a district in the county and the total in the county;

(b) the name of each individual receiving votes and the office for which the votes were received;

(d) the votes by precinct, district, or portion of a district within the county for each individual and for and against each ballot issue;

(e) the total votes in the county for each individual and for and against each ballot issue; and

(f) for municipal elections, the total number of electors voting in each municipality and the votes by municipality for each individual and for and against each ballot issue.

(2) Write-in votes for an individual shall must be entered in the report in the same place as the votes for other individuals for the same office but shall must be identified as write-in votes."

Section 59. Section 13-15-502, MCA, is amended to read:

"13-15-502. Composition and meeting of board of state canvassers. Within 20 days after the election, or sooner if the returns are all received, the state auditor, superintendent of public instruction, and attorney general shall meet as a board of state canvassers in the office of the secretary of state and determine the vote. The secretary of state shall serve as secretary of the board, keep minutes of the meeting of the board, and file them in the official records of his the secretary of state's office."

Section 60. Section 13-15-504, MCA, is amended to read:

"13-15-504. Governor to issue commissions. Upon receipt of the statements required by 13-15-507 and 13-37-127, the governor shall issue commissions to the individuals elected. If the governor has been elected to succeed himself an additional term, the secretary of state shall issue the commission."

Section 61. Section 13-15-505, MCA, is amended to read:

"13-15-505. Canvass to be public -- procedure. (1) The canvass shall must be public. It shall must proceed by opening the returns from each county, auditing the records from each county for errors, determining the vote for each individual and for and against each ballot issue in each county, compiling totals, and declaring and certifying the results.

(2) The board shall record all write-in votes shown in the returns received from each county."

Section 62. Section 13-15-506, MCA, is amended to read:

"13-15-506. Report of the canvass. (1) The secretary of the board shall prepare and file in the official records of his the secretary of state's office a report of the canvass which that lists:

(a) the total number of electors voting in each county and in each legislative house district and the total in the state;

(b) the name of each individual receiving votes and the office for which the votes were received;

(d) the votes by county and legislative house district and the total votes for each individual and for and against each ballot issue.

(2) Write-in votes for an individual shall must be entered in the report in the same place as votes of other individuals for the same office but shall must be identified as write-in votes."

Section 63. Section 13-16-101, MCA, is amended to read:

"13-16-101. County governing body as county recount board. (1) The county recount board shall must consist of three members.

(2) Three members of the governing body shall must be appointed by the chairman presiding officer if there are more than three members of the governing body.

(3) If three members of the governing body cannot attend when the board meets, any vacant place shall position must be filled by one or more county officers chosen by the remaining members of the governing body.

(4) If a member of the recount board is a candidate for an office or nomination for which votes are to be recounted, he shall the member must be disqualified.

(5) The election administrator is secretary of the recount board, and the board may hire any additional clerks as needed.

(6) The board may appoint county employees or hire clerks to assist as needed."

Section 64. Section 13-16-201, MCA, is amended to read:

"13-16-201. Conditions under which recount to be conducted. (1) A recount must be conducted if:

(a) a candidate for a precinct office or for a county, municipal, or district office voted for in only one county, other than a legislator or a judge of the district court, or a precinct office is defeated by a margin not exceeding 1/4 of 1% of the total votes cast or by a margin not exceeding 10 votes, whichever is greater, and the defeated candidate, within 5 days after the official canvass, files with the election administrator a verified petition stating that the candidate believes that a recount will change the result and that a recount of the votes for the office or nomination should be conducted;

(b) a candidate for a congressional office, a state or district office voted on in more than one county, the legislature, or judge of the district court is defeated by a margin not exceeding 1/4 of 1% of the total votes cast for all candidates for the same position, and the defeated candidate, within 5 days after the official canvass, files a petition with the secretary of state as set forth in subsection (1)(a). The secretary of state shall immediately notify by certified mail each election administrator whose county includes any precincts that voted for the office, and a recount must be conducted in those precincts.

(c) a question submitted to the vote of the people of a county, municipality, or district within a county is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the election administrator. This petition must be signed by not less than 10 electors of the jurisdiction and must be filed within 5 days after the official canvass.

(d) a question submitted to the vote of the people of the state is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the secretary of state. This petition must be signed by not less than 100 electors of the state, representing at least five counties of the state, and must be filed within 5 days after the official canvass.

(e) a question submitted to the vote of the people of a multicounty district is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection (1)(a) is filed with the secretary of state. This petition must be signed by not less than 25 electors of the district, representing at least two counties, and must be filed within 5 days after the official canvass.

(f) if a canvassing board petitions for a recount as provided in 13-15-403.

(2) When a recount is required under subsection (1)(b), (1)(d), or (1)(e), the secretary of state shall immediately notify each election administrator by certified mail of the filing of the petition, and a recount must be conducted in all precincts in each affected county."

Section 65. Section 13-16-203, MCA, is amended to read:

"13-16-203. Recount for tie votes. When a tie has been certified to the election administrator, as provided in 13-15-405(4), or the secretary of state, he the administrator or the secretary of state shall proceed as if a petition for a recount has been filed. If a tie exists after the recount, the tie shall must be resolved as provided by law."

Section 66. Section 13-16-204, MCA, is amended to read:

"13-16-204. Meeting of recount board when recount requested. (1) Immediately upon receiving a petition for a recount or a notice from the secretary of state that a petition has been filed with him, as provided in 13-16-201, the election administrator shall notify the members of the county recount board.

(2) The board shall convene at the usual meeting place of the governing body without undue delay but not later than 5 days after receiving notice from the election administrator."

Section 67. Section 13-16-211, MCA, is amended to read:

"13-16-211. Recounts allowed if bond posted to cover all costs. (1) If a candidate for a public office is defeated by a margin exceeding 1/4 of 1% but not exceeding 1/2 of 1% of the total votes cast for all candidates for the same position, he the candidate may, within 5 days after the official canvass, file with the officer with whom his the candidate's declaration or petition for nomination was filed a petition stating that he the candidate believes a recount will change the result of the election.

(2) The unsuccessful candidate shall post a bond with the clerk and recorder of the county in which he the candidate resides. The bond must be in an amount set by the clerk and recorder sufficient to cover all costs of the recount incurred by each county in which a recount is sought, including loss of time of regular employees caused by absence from their regular duties.

(3) Upon the filing of a petition and posting of a bond under this section, the board of county canvassers in each county affected shall meet and recount the ballots specified in the petition."

Section 68. Section 13-16-301, MCA, is amended to read:

"13-16-301. Application and court order for recount. (1) (a) Within 5 days after the canvass of election returns, an unsuccessful candidate for any public office at an election may apply to the district court of the county where the election was held for an order directing the county recount board to make a recount of the votes cast in any or all of the precincts. If the election was held in more than one county, the application shall must be made to the district court of the county where the candidate resides.

(b) Within 5 days after the canvass of election returns, an elector who was eligible to vote on the issue and who believes that there are grounds for a recount of the votes cast for and against a ballot issue may apply to the district court of the county where he the elector resides for an order directing the appropriate county recount board to make a recount of the votes cast in any or all of the precincts.

(2) The application shall must specify the grounds for a recount, and it must be verified by the applicant that the matters contained in it are true to the best of the applicant's knowledge, information, and belief.

(3) Within 5 days after filing of the application, the judge shall hear the application and determine its sufficiency.

(4) If the judge finds there is probable cause to believe that the votes cast for the applicant or the ballot issue were not correctly counted, he the judge shall order the appropriate county recount board to assemble within 5 days after the order is issued at a time and place fixed by the order. The board shall meet and recount the ballots as specified in the order."

Section 69. Section 13-16-302, MCA, is amended to read:

"13-16-302. Service of copy of application -- hearing. The candidate found to be elected as a result of the original or first canvass shall must be served with a copy of the application for recount. He shall The candidate must be given an opportunity to be heard and shall must be permitted to be present and to be represented at any recount ordered."

Section 70. Section 13-16-307, MCA, is amended to read:

"13-16-307. Expenses of court-ordered recount. (1) The court shall in its order determine the probable expense of making the recount, and the applicant or applicants asking for the recount shall deposit with the board the amount determined, in cash.

(2) If the recount shows that an applicant has been elected to office, the deposit of the applicant shall must be returned to him the applicant.

(3) If the recount shows that an applicant has not been elected and the expense of the recount is greater than the estimated cost, the applicant shall pay the excess; but however, if the expense is less than the cost, the difference shall must be refunded to the applicant.

(4) If the recount reverses the results of a ballot issue election, the deposit of the applicant shall must be returned to him the applicant.

(5) If the recount does not reverse the results of a ballot issue election and the expense of the recount is greater than the estimated cost, the applicant shall pay the excess; but however, if the expense is less than the cost, the difference shall must be refunded to the applicant."

Section 71. Section 13-16-415, MCA, is amended to read:

"13-16-415. Recount totals. After a recount is completed, tally sheets shall must be compared and the correctness of all reports of votes cast must be ascertained. The totals for each candidate or on each issue shall must be compiled and checked for accuracy."

Section 72. Section 13-16-416, MCA, is amended to read:

"13-16-416. Report of recount. (1) If the recount shows the votes for any candidate or on any ballot issue are more or less than the number shown upon the official returns, the secretary of the recount board shall prepare a corrected report which that states the number of votes ascertained by the recount.

(2) The recount board shall direct the secretary to enter the result of the election as determined by the recount in the board records."

Section 73. Section 13-16-417, MCA, is amended to read:

"13-16-417. Sealing ballots and voting systems. (1) When a recount of paper ballots that was conducted using a voting system has been is finished, each ballot must again be sealed in the same package or envelope in the presence of the election administrator and the county recount board and must be delivered to the election administrator for custody.

(2) All voting systems must be secured as provided in rules adopted under 13-17-211.

(3) All other materials used in the recount that are required to be sealed must be resealed in the same manner and delivered to the election administrator for custody."

Section 74. Section 13-16-418, MCA, is amended to read:

"13-16-418. Certification after recount. (1) Immediately after the recount, the county recount board shall certify the result.

(2) At least two members of the board shall sign the certificate, and it shall must be attested to under seal by the election administrator.

(3) The certificate shall must set forth in substance the proceedings of the board and the appearance of any candidates or representatives. The certificate shall must adequately designate:

(a) each precinct recounted;

(b) the vote of each precinct according to the official canvass previously made;

(d) the correct vote of each precinct as determined by the recount.

(4) When the certificate relates to a recount for a congressional office, a state or district office voted on in more than one county, a legislative office, or an office of judge of the district court or a ballot issue voted on in more than one county, the certificate shall must be made in duplicate. One copy shall must be transmitted immediately to the secretary of state by certified mail.

(5) (a) If the recount relates to a county, municipal, or district office voted for in only one county, other than that of a legislator or a judge of the district court, or a precinct office or a ballot issue voted on in only one county, the county recount board shall immediately recanvass the returns as corrected by the certificate showing the result of the recount and make a corrected abstract of the votes.

(b) If the corrected abstract shows no change in the result, no further action need be taken is needed.

(c) If there is a change in the result, a new certificate of election or nomination shall must be issued to each candidate found to be elected or nominated and the first certificate is void. The individual receiving the second certificate shall must be elected or nominated to the office."

Section 75. Section 13-16-419, MCA, is amended to read:

"13-16-419. Recount by board of state canvassers. (1) When the secretary of state receives certificates from all county recount boards, he the secretary of state shall file them, shall fix a time and place, as soon as possible, for reconvening the board of state canvassers, and shall notify the members.

(2) The board of state canvassers shall recanvass the official returns on the office, nomination, position, or question, as corrected by the certificates, and make a new and corrected abstract of the votes cast.

(3) (a) If the corrected abstract shows no change in the results, no further action shall may not be taken.

(b) If there is a change in the results, a new certificate of election or nomination shall must be issued in the same manner as the certificate of election or nomination was previously issued to each candidate elected or nominated."

Section 76. Section 13-19-101, MCA, is amended to read:

"13-19-101. Statement of purpose. The purpose of this chapter is to provide the option of and procedures for conducting certain specified elections using a procedure called a "mail ballot election" and to provide the procedures therefor as mail ballot elections. The provisions of this chapter recognize that sound public policy concerning the conduct of elections often requires the balancing of various elements of the public interest that are sometimes in conflict. Among these factors are the public's interest in fair and accurate elections, the election of those who will govern or represent, and cost-effective administration of all functions of government, including the conduct of elections. The provisions of this chapter further recognize that when these and other factors are balanced, the conduct of elections by mail ballot is potentially the most desirable of the available options in certain circumstances."

Section 77. Section 13-19-203, MCA, is amended to read:

"13-19-203. Initiation by election administrator. (1) Even if no a request has not been received from the governing body concerned, the election administrator may conduct any election authorized by 13-19-104 under this chapter if, in his discretion, the election administrator determines that would be a mail ballot election is the most economically and administratively feasible way of conducting the election in question.

(2) If he the election administrataor decides to conduct an election pursuant to subsection (1), the election administrator shall prepare a written plan as provided in 13-19-205 and forward a copy to the governing body concerned, together with a written statement informing it the governing body of his the decision to conduct the election by mail ballot, and the reasons therefor for the decision, and the right of the governing body to object under 13-19-204."

Section 78. Section 13-19-301, MCA, is amended to read:

"13-19-301. Voting mail ballots. (1) Upon receipt of his a ballot, the elector may vote by:

(a) marking the ballot in the manner specified;

(b) placing the marked ballot in the secrecy envelope, free of any identifying marks;

(d) executing the affidavit printed on the return/verification envelope; and

(e) returning the return/verification envelope with the secrecy envelope containing the ballot enclosed, as provided in 13-19-306.

(2) For the purpose of this chapter, an official ballot is voted when, after the requirements of 13-19-310 and 13-19-311 have been satisfied, the return/verification envelope has been opened by election officials and the secrecy envelope containing the ballot has been deposited in the official ballot box."

Section 79. Section 13-19-302, MCA, is amended to read:

"13-19-302. Proportional voting. The election administrator shall provide a method for proportional voting in his the administrator's written plan for an election conducted under this chapter that requires votes to be cast in proportion to ownership or any factor other than one vote per person."

Section 80. Section 13-19-304, MCA, is amended to read:

"13-19-304. Voting by nonregistered electors. (1) For any election being conducted under this chapter by a political subdivision that allows individuals to vote who are not registered electors, such an the individual may vote by appearing in person at the election administrator's office and demonstrating that he the individual possesses the qualifications which that entitle him the individual to vote.

(2) An individual complying with subsection (1) before official ballots are available may leave a card with the election administrator containing his the individual's signature and the address to which his a ballot is to be mailed. The signature provided must then be used for verification when the mail ballot is returned.

(3) An individual complying with subsection (1) after official ballots are available and before the close of the polls on election day must be permitted to vote at that time."

Section 81. Section 13-19-305, MCA, is amended to read:

"13-19-305. Replacement ballots -- procedures. (1) An elector may obtain a replacement ballot as provided in this section if his the original ballot is destroyed, spoiled, lost, or not received by the elector.

(2) An elector seeking or receiving a replacement ballot shall sign a sworn statement stating that the original ballot was either destroyed, spoiled, lost, or not received and shall present the statement to the election administrator no later than 8 p.m. on election day.

(3) Upon receiving the sworn statement, the election administrator shall issue a replacement ballot to the elector. Each spoiled ballot must be returned before a new one another ballot may be issued.

(4) The election administrator shall designate his the election administrator's office or a central location in the political subdivision in which the election is conducted as the single location for obtaining a replacement ballot.

(5) A replacement ballot may also be issued pursuant to 13-19-313.

(6) The election administrator shall keep a record of each replacement ballot issued. If he the election administrator later determines that any elector to whom a replacement ballot has been issued has attempted to vote more than once, he the election administrator shall immediately notify the county attorney and the secretary of state of each instance."

Section 82. Section 13-19-306, MCA, is amended to read:

"13-19-306. Returning marked ballots -- when -- where. (1) After complying with 13-19-301, an elector or his the elector's designee may return his the elector's ballot on or before election day by either:

(a) depositing the return/verification envelope in the United States mail, with sufficient postage affixed; or

(b) returning it to any place of deposit designated by the election administrator pursuant to 13-19-307.

(2) In order to have his the ballot counted, each elector must shall return it in such a manner so that it is received prior to 8 p.m. on election day."

Section 83. Section 13-19-307, MCA, is amended to read:

"13-19-307. Places of deposit. (1) The election administrator shall designate his the administrator's office and may designate one or more places in the political subdivision in which the election is being conducted as places of deposit where ballots may be returned in person by the elector.

(2) Prior to election day, ballots may be returned to any designated place of deposit only during regular business hours.

(3) On election day, each location designated as a place of deposit must be open as provided in 13-1-106, and ballots may be returned during those hours.

(4) The election administrator may designate certain locations as election day places of deposit, and any designated location so designated shall function functions as a place of deposit only on election day.

(5) The election administrator shall provide each designated place of deposit with an official ballot transport box secured as provided by law."

Section 84. Section 13-19-308, MCA, is amended to read:

"13-19-308. Disposition of ballots returned in person. Ballots returned by the elector in person must be processed as follows:

(1) If returned to the election administrator's office directly, the ballot must be processed in the same manner provided for ballots returned by mail except that, while the elector is present, officials shall:

(a) verify the signature pursuant to 13-19-310;

(b) resolve any questions as to the validity of the ballot; and

(2) If returned to a place of deposit other than the election administrator's office, the election official on location shall:

(a) keep a log of the names of all electors from whom he the official receives ballots and the names of the people who deliver the ballots;

(b) deposit the unopened return/verification envelope in the sealed ballot transport box provided for that purpose; and

(c) securely retain all ballots until they are transported to the election administrator's office. The transport boxes must then be opened and the ballots disposed of in the same manner provided for ballots returned by mail."

Section 85. Section 13-19-310, MCA, is amended to read:

"13-19-310. Signature verification -- procedures. (1) The election administrator shall verify the signature of each elector by comparing the affidavit printed on the return/verification envelope to the signature on that elector's registration card or signature card provided under 13-19-304.

(2) If the election administrator is convinced that the individual signing the affidavit is the same as the one whose name appears on the registration card, he the administrator shall proceed to validate the ballot.

(3) If the election administrator is not convinced that the individual signing the return/verification envelope is the same as the one whose name appears on the registration card, he the administrator may not validate the ballot but instead shall:

(a) give notice to the elector as provided in 13-19-313; and

(b) if the discrepancy is not rectified to the election administrator's satisfaction, present the unopened envelope and the registration card to the canvassing board for a determination."

Section 86. Section 13-27-305, MCA, is amended to read:

"13-27-305. Retention of copies by county official. The county official certifying the sheets or sections of a petition shall keep a copy of the sheets or sections certified in the official files of his the official's office. The copies may be destroyed 3 months after the date of the election specified in the petition unless a court action is pending on the sufficiency of the petition."

Section 87. Section 13-27-306, MCA, is amended to read:

"13-27-306. Challenge to signatures by elector of county. A registered elector of a county having reason to believe that signatures on a petition that were not among those actually compared with signatures in the registration records of the county are not genuine may file a sworn statement or affirmation of his the elector's belief and a request for comparison of those signatures he that the elector believes are not genuine with the county official certifying the sheet or section of the petition. If any of the challenged signatures are not genuine, the county official must shall compare all signatures on that sheet or section and issue an amended certificate to the secretary of state, giving the correct number of valid signatures, on or before the deadline, as provided for in 13-27-104, for filing in the office of the secretary of state."

Section 88. Section 13-27-308, MCA, is amended to read:

"13-27-308. Certification of petition to governor. When sheets or sections of a petition for referendum, initiative, constitutional convention, or constitutional amendment containing a sufficient number of signatures have been filed with the secretary of state within the time required by the constitution or by law, he the secretary of state shall immediately certify to the governor that the completed petition has been officially filed."

Section 89. Section 13-27-404, MCA, is amended to read:

"13-27-404. Committee chairman presiding officer. The appointee of the president of the senate is the chairman presiding officer of any committee to which that officer makes an appointment. The appointing authority for other committees shall name a chairman presiding officer at the time the appointments are made."

Section 90. Section 13-27-405, MCA, is amended to read:

"13-27-405. Committee expenses. Each committee is entitled to receive funds for the preparation of arguments and expenses of members not to exceed $100 for a three-member committee and $200 for a five-member committee. Itemized claims for actual expenses incurred, approved by a majority of the committee, shall must be submitted to the secretary of state for payment from funds appropriated for that purpose."

Section 91. Section 13-27-503, MCA, is amended to read:

"13-27-503. Determination of result of election. The votes on ballot issues shall must be counted, canvassed, and returned by the regular boards of judges, clerks, and officers in the same manner as votes for candidates are counted, canvassed, and returned. The abstract of votes on ballot issues shall must be prepared and returned to the secretary of state in the manner provided by 13-15-501 for abstract of votes for state officers. The board of state canvassers shall proceed within 20 days after the election at which such ballot issues are voted upon and, at the same time as the votes for state officers are canvassed, canvass the votes given for each ballot issue. The secretary of state, as secretary of the board of state canvassers, shall prepare and file in his the secretary of state's office a statement of the canvass, giving the number and title of each issue, the whole number of votes cast in the state for and against each ballot issue, and the effective date of each ballot issue approved by a majority of those voting on the issue. The secretary of state shall transmit a certified copy of the statement of the canvass to the governor."

Section 92. Section 13-35-106, MCA, is amended to read:

"13-35-106. Ineligibility to hold office because of conviction. In addition to all other penalties prescribed by law:

(1) a candidate who is convicted of violating any provision of this title, except 13-35-207(9), is ineligible to be a candidate for any public office in the state of Montana until his final discharge from state supervision;

(2) a campaign treasurer who is convicted of violating any provision of this title, except 13-35-207(9), is ineligible to be a candidate for any public office or to hold the position of campaign treasurer in any campaign in the state of Montana until his final discharge from state supervision;

(3) if an elected official or a candidate is adjudicated to have violated any provision of this title, except 13-35-207(9), he shall the individual must be removed from nomination or office, as the case may be, even though he the individual was regularly nominated or elected."

Section 93. Section 13-35-201, MCA, is amended to read:

"13-35-201. Electors and ballots. (1) An elector may not show the contents of his the elector's ballot to anyone after it is marked. No An elector may not place any mark upon the ballot by which it may be identified as the one voted by him the elector.

(2) An elector may not receive a ballot from any person other than an election judge and may not vote any ballot except one received from an election judge. No A person other than an election judge may not deliver a ballot to an elector.

(3) No A person may not solicit an elector to show his the elector's ballot after it is marked.

(4) An elector who does not vote a ballot delivered to him the elector shall, before leaving the polling place, return the ballot to an election judge."

Section 94. Section 13-35-204, MCA, is amended to read:

"13-35-204. Official misconduct. A person charged with performance of any duty under the provisions of the election laws of this state is guilty of official misconduct and is punishable as provided in 45-7-401 whenever the person:

(1) knowingly neglects or refuses to perform that duty; or

(2) knowingly and fraudulently acts, in his the person's official capacity, in contravention or violation of any provision of the election laws."

Section 95. Section 13-35-209, MCA, is amended to read:

"13-35-209. Fraudulent registration. (1) No A person may not knowingly cause, procure, or allow himself the person to be registered in the official register of any election district of any county knowing himself that the person is not to be entitled to such the registration.

(2) No A person may falsely personate not impersonate another and cause the impersonated person so personated to be registered.

(3) When, on the trial of the person charged with any offense under the provisions of this section, it appears in evidence that the accused stands registered in the register of any county without being qualified for such registration, the court shall order such the registration canceled."

Section 96. Section 13-35-214, MCA, is amended to read:

"13-35-214. Illegal influence of voters. No A person may not, directly or indirectly, by himself individually or by through any other person on his behalf, for any election, to or for any person on behalf of any elector or to or for any person, in order to induce any elector to vote or refrain from voting or to vote for or against any particular candidate, political party ticket, or ballot issue, may:

(1) give, lend, agree to give or lend, offer, or promise any money, liquor, or valuable consideration or promise or endeavor to procure any money, liquor, or valuable consideration;

(2) promise to appoint another person or promise to secure or aid in securing the appointment, nomination, or election of another person to a public or private position or employment or to a position of honor, trust, or emolument, in order to aid or promote his the candidate's nomination or election, except that he the candidate may publicly announce or define what is his the candidate's choice or purpose in relation to an election in which he the candidate may be called to take part, if elected."

Section 97. Section 13-35-215, MCA, is amended to read:

"13-35-215. Illegal consideration for voting. No A person, directly or indirectly, by himself individually or by through any other person in his behalf, may not:

(1) before or during any election, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at the election or for inducing another to do so:

(a) receive, agree, or contract for any money, gift, loan, liquor, valuable consideration, office, place, or employment for himself the person or any other person; or

(b) approach any candidate or agent or person representing or acting on behalf of any candidate and ask for or offer to agree or contract for any money, gift, loan, liquor, valuable consideration, office, place, or employment for himself the person or any other person;

(2) after an election, for having voted or refrained from voting or having induced any other person to vote or refrain from voting at the election:

(a) receive any money, gift, loan, valuable consideration, office, place, or employment; or

(b) approach any candidate or any agent or person representing or acting on behalf of any candidate and ask for or offer to receive any money, gift, loan, liquor, valuable consideration, office, place, or employment for himself the person or any other person."

Section 98. Section 13-35-217, MCA, is amended to read:

"13-35-217. Officers not to influence voter. No An officer, while acting in his an official capacity, may not, by menace, reward, or promise of reward, induce or attempt to induce any elector to cast a vote contrary to his the elector's original intention or desire."

Section 99. Section 13-35-218, MCA, is amended to read:

"13-35-218. Coercion or undue influence of voters. (1) No A person, directly or indirectly, by himself individually or through any other person in his behalf, in order to induce or compel a person to vote or refrain from voting for any candidate, the ticket of any political party, or any ballot issue before the people, may not:

(a) use or threaten to use any force, coercion, violence, restraint, or undue influence against any person; or

(b) inflict or threaten to inflict, by himself individually or with any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person.

(2) No A person who is a minister, preacher, priest, or other church officer or who is an officer of any corporation or organization, religious or otherwise, may not, other than by public speech or print, urge, persuade, or command any voter to vote or refrain from voting for or against any candidate, political party ticket, or ballot issue submitted to the people because of his the person's religious duty or the interest of any corporation, church, or other organization.

(3) No A person may not, by abduction, duress, or any fraudulent contrivance, impede or prevent the free exercise of the franchise by any voter at any election or thereby compel, induce, or prevail upon any elector to give or to refrain from giving his the elector's vote at any election.

(4) No A person may not, in any manner, interfere with a voter lawfully exercising his the right to vote at an election so as in order to prevent the election from being fairly held and lawfully conducted.

(5) No A person on election day may not obstruct the doors or entries of any polling place or engage in any solicitation of a voter within the room where votes are being cast or elsewhere in any manner which that in any way interferes with the election process or obstructs the access of voters to or from the polling place."

Section 100. Section 13-35-221, MCA, is amended to read:

"13-35-221. Improper nominations. (1) No A person may not pay or promise valuable consideration to another, in any manner or form, for the purpose of inducing him the other person to be or to refrain from or to cease being a candidate, and no a person may not solicit or receive any payment or promise from another for such that purpose.

(2) No A person, in consideration of any gift, loan, offer, promise, or agreement, as mentioned in subsection (1), may not:

(a) allow himself to be nominated or refuse to allow himself to be nominated as a candidate at an election;

(b) become, by himself individually or in combination with any other person or persons, a candidate for the purpose of defeating the nomination or election of any other person, without a bona fide intent to obtain the office; or

(3) Upon complaint made to any district court, the judge shall issue a writ of injunction restraining the officer whose duty it is to prepare official ballots for a nominating election from placing the name of a person thereon on the ballot as a candidate for nomination to any office if the judge is convinced that:

(a) the person has sought the nomination or seeks to have his the person's name presented to the voters as a candidate for nomination by any political party for any mercenary or venal consideration or motive; and

(b) his the person's candidacy for the nomination is not in good faith."

Section 101. Section 13-35-301, MCA, is amended to read:

"13-35-301. Adoption of code of fair campaign practices. The following code of fair campaign practices is adopted by Montana:

"There are basic principles of decency, honesty, and fair play that every candidate for public office in the United States has a moral obligation to observe and uphold, in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues before the country. Therefore:

I will conduct my campaign in the best American tradition, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponent and his my opponent's party which that merit such criticism.

I will defend and uphold the right of every qualified American voter to full and equal participation in the electoral process.

I will conduct my campaign without the use of personal vilification, character defamation, whispering campaigns, libel, slander, or scurrilous attacks on my opposition or his my opposition's personal or family life.

I will not use campaign material of any sort which that misrepresents, distorts, or otherwise falsifies the facts, nor will I use malicious or unfounded accusations which that aim at creating or exploiting doubts, without justification, as to the loyalty and patriotism of my opposition.

I will not make any appeal to prejudice based on race, sex, creed, or national origin.

I will not undertake or condone any dishonest or unethical practice which that tends to corrupt or undermine our American system of free elections or which that hampers or prevents the full and free expression of the will of the voters.

Insofar as is possible, I will immediately and publicly repudiate support deriving from any individual or group which that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics that I have pledged not to use or condone.""

Section 102. Section 13-36-101, MCA, is amended to read:

"13-36-101. Grounds for contest of nomination or election to public office. An elector may contest the right of any person to any nomination or election to public office for which the elector has the right to vote, for any of the following causes if the elector believes that:

(1) on the ground of a deliberate, serious, and material violation of any provision of the law relating to nominations or elections has occurred;

(2) whenever the person whose right is contested was not, at the time of the election, eligible to such be a candidate for the office;

(3) on account of illegal votes were cast illegally or were counted or canvassed in an erroneous or fraudulent count or canvass of votes manner."

Section 103. Section 13-36-102, MCA, is amended to read:

"13-36-102. Time for commencing contest. (1) Five days or less after a candidate has been certified as nominated, a person wishing to contest the nomination to any public office shall give notice in writing to the candidate whose nomination he the person intends to contest, briefly stating the cause for the contest. The contestant shall make application to the district court in the county where the contest is to be had. The judge shall then set the time for the hearing. The contestant shall serve notice 3 days before the hearing is scheduled. The notice shall must state the time and place of the hearing.

(2) Any action to contest the right of a candidate to be declared elected to an office or to annul and set aside such the election or to remove from or deprive any person of an office of which he the person is the incumbent for any offense mentioned in this title must, unless a different time is stated, be commenced within 1 year after the day of election at which such the offense was committed."

Section 104. Section 13-36-103, MCA, is amended to read:

"13-36-103. Court having jurisdiction of proceedings. An application for filing a statement, payment of a claim, or correction of an error or false recital in a filed statement or an action or proceeding to annul and set aside the election of any person declared elected to an office or to remove or deprive any person of his the person's office for an offense mentioned in this title or any petition to excuse any person or candidate in accordance with the power of the court to excuse, as provided in 13-36-209, must be made or filed in the district court of the county in which the certificate, declaration, or acceptance of his the person's nomination as a candidate for the office to which he the person is declared nominated or elected is filed or in which the incumbent resides."

Section 105. Section 13-36-104, MCA, is amended to read:

"13-36-104. Nomination contests. In the case of nomination contests, the judge of the district court shall hear and determine the case and make all necessary orders for the trial of the case and carrying his the judgment into effect. The order of the judge shall must express the will of a majority of the legal voters of the political party, as indicated by their votes, disregarding technicalities or errors in spelling. Each party is entitled to subpoenas. The registrar shall issue a certificate to the person declared nominated by the court. The certificate shall be is conclusive evidence of the right of the person to hold the nomination."

Section 106. Section 13-36-201, MCA, is amended to read:

"13-36-201. Contents of contest petition. Any petition contesting the right of any person to a nomination or election shall must set forth the name of every person whose election is contested and the grounds of the contest. The petition shall may not thereafter be amended, except by leave of the unless the amendment is authorized by a court."

Section 107. Section 13-36-202, MCA, is amended to read:

"13-36-202. Reception of illegal votes -- allegations and evidence. When the reception of illegal votes is alleged as a cause of contest, it shall be is sufficient to state generally that in one or more specified voting precincts illegal votes were given to the candidate whose nomination or election is contested which that, if taken from him the candidate, will reduce the number of his the candidate's legal votes below the number of legal votes given to some other candidate for the same office. No testimony shall Testimony may not be received of any illegal votes unless the party contesting such the election delivers to the opposite party, at least 3 days before such trial, a written list of the number of illegal votes (and by whom given) which he that the party intends to prove on such at trial. This provision shall may not prevent the contestant from offering evidence of illegal votes not included in such the statement if he the contestant did not know and by reasonable diligence was unable to learn of such the additional illegal votes (and by whom they were given) before delivering such the written list."

Section 108. Section 13-36-204, MCA, is amended to read:

"13-36-204. Bond required. Before any proceeding on the petition, the petitioner shall give bond to the state in such a sum as that the court may order, not exceeding $2,000, with not less than two sureties, who shall justify in the manner required of sureties on bail bonds, conditioned to pay all costs, disbursements, and attorney's attorney fees that may be awarded against him the petitioner if he shall the petitioner does not prevail."

Section 109. Section 13-36-205, MCA, is amended to read:

"13-36-205. Recovery of costs. In any contest, the prevailing party may recover his the party's costs, disbursements, and reasonable attorney's attorney fees. Costs, disbursements, and attorney's attorney fees in all such cases shall must be in the discretion of the court. In case If judgment is rendered against the petitioner, it shall must also be rendered against the sureties on the bond."

Section 110. Section 13-36-206, MCA, is amended to read:

"13-36-206. Notice of filing -- prompt hearing. On the filing of any such a petition under this part, the clerk shall immediately notify the judge of the court and issue a citation to the person whose nomination or office is contested, citing him the person to appear and answer not less than 3 or more than 7 days after the date of filing the petition. The court shall hear said the cause, and every such the contest shall must take precedence over all other business on the court docket and shall must be tried and disposed of with all convenient dispatch. The court shall is always considered to be deemed in session for the trial of such contest cases."

Section 111. Section 13-36-207, MCA, is amended to read:

"13-36-207. Hearing of contest. The petitioner (contestant) and the contestee may appear and produce evidence at the hearing, but no person other than the petitioner and contestee may be made a party to the proceedings on such the petition and no person other than the parties and their attorneys may be heard thereon except by order of the court. If more than one petition is pending or the election of more than one person is contested, the court may in its discretion order the cases to be heard together and may apportion the costs, disbursements, and attorney's attorney fees between them the parties and shall finally determine all questions of law and fact, except that the judge may in his discretion impanel a jury to decide on questions of fact. In the case of nominations or elections other than for federal congressional offices, the court shall immediately certify its decision to the governing body or official issuing certificates of nomination or election and the governing body or official shall thereupon issue certificates of nomination or election to the person or persons entitled thereto to the certificates by the court's decision. If judgment of ouster against a defendant is rendered, the nomination or office shall must be by the judgment declared vacant by the judgment, except as provided in 13-36-212, and shall thereupon must be filled by a new election or by appointment as may be provided by law regarding vacancies in such the nomination or office."

Section 112. Section 13-36-208, MCA, is amended to read:

"13-36-208. Advancement of cases -- dismissal -- privileges of witnesses. Proceedings under this title shall must be advanced on the docket upon request of either party for speedy trial, but the court may postpone or continue the trial if necessary, and in case of such a continuance or postponement, the court may impose costs in its discretion as a condition thereof of the continuance or postponement. No A petition may not be dismissed without the consent of the county attorney unless the same the petition is dismissed by the court. No A person may not be excused from testifying or producing papers or documents on the ground that his the person's testimony or the production of papers or documents will tend to criminate him; but no incriminate the person. However, an admission, evidence, or paper made or advanced or produced by such the person or any evidence that is the direct result of such the evidence or information that he the person may have so given may not be offered or used against him the person in any civil or criminal prosecution, except in a prosecution for perjury committed in such the testimony."

Section 113. Section 13-36-209, MCA, is amended to read:

"13-36-209. Forfeiture of nomination or office for violation of law -- when inappropriate. If, upon Upon the trial of any action or proceeding under the provisions of this title to contest the right of any person to be declared nominated or elected to any office or to annul or set aside such a nomination or election or to remove a person from his office, the nomination or election of the candidate is not by reason of the offense or omission complained of void and the candidate may not be removed from or deprived of office if under the circumstances it seems to the court to be unjust that the candidate forfeit a nomination or office or be deprived of any office of which the candidate is the incumbent. The decision of the court must be based upon the following:

(1) it appears from the evidence that the offense complained of was not committed by the candidate or with his the candidate's knowledge or consent or was committed without his the candidate's sanction or connivance and that all reasonable means for preventing the commission of such the offense at such the election were taken by and on behalf of the candidate;

(2) that the offense or offenses complained of were trivial, unimportant, and limited in character and that in all other respects his the candidate's participation in the election was free from such offenses or illegal acts; or

(3) that any act or omission of the candidate arose from inadvertence or from accidental miscalculation or from some other reasonable cause of a like nature and in any case did not arise from any want lack of good faith; and under the circumstances it seems to the court to be unjust that the candidate forfeit his nomination or office or be deprived of any office of which he is the incumbent, then the nomination or election of the candidate is not by reason of such offense or omission complained of void, nor may the candidate be removed from or deprived of his office."

Section 114. Section 13-36-210, MCA, is amended to read:

"13-36-210. Punishment. If, upon the trial of any action or proceeding under the provisions of this title to contest the right of any person to be declared to be nominated to an office or elected to an office or to annul and set aside such the election or to remove any person from his office, it appears that such the person was guilty of any corrupt practice, illegal act, or undue influence in or about such the nomination or election, he shall the person must be punished by being deprived of the nomination or office, as the case may be, and the vacancy therein shall must be filled in the manner provided by law. The only exceptions to this judgment shall be are those provided in 13-36-209. Such The judgment does not prevent the candidate or officer from being proceeded against by indictment or criminal information for any such act or acts."

Section 115. Section 13-36-211, MCA, is amended to read:

"13-36-211. When nomination or election not to be vacated. Nothing in the The ground of contest specified in 13-36-101(3) is to may not be so construed as to authorize a nomination or election to be set aside on account of illegal votes, unless it appear either appears:

(1) that the candidate or nominee whose right is contested had knowledge of or connived at such in the illegal votes; or

(2) that the number of illegal votes given to the person whose right to the nomination or office is contested, if taken from him the person, would reduce the number of his legal votes for the person below the number of votes given to some other person for the same nomination or office, after deducting therefrom the illegal votes which that may be shown to have been given to such the other person."

Section 116. Section 13-37-104, MCA, is amended to read:

"13-37-104. Vacancy. (1) If for any reason a vacancy occurs in the position of commissioner, a successor shall must be appointed within 30 days as provided in 13-37-102(1) to serve out the unexpired term. Every Each nomination shall must be confirmed by the senate, but a nomination made while the senate is not in session shall be is effective as an appointment until the end of the next session.

(2) An individual who is selected to serve out the unexpired term of a preceding commissioner and who has served 3 years or more of an unexpired term is not eligible for reappointment.

(3) An individual who is selected to serve out the unexpired term of a preceding commissioner and who has served less than 3 years may be reappointed for a 6-year term as provided in 13-37-102(1)."

Section 117. Section 13-37-105, MCA, is amended to read:

"13-37-105. Impeachment and prosecution of commissioner. The commissioner may be removed from office by impeachment as provided in Title 5, chapter 5, part 4. He The commissioner may also be prosecuted by the appropriate county attorney for official misconduct as specified in 45-7-401."

Section 118. Section 13-37-116, MCA, is amended to read:

"13-37-116. Exercise of powers. The commissioner may exercise all of the powers conferred upon him the commissioner by law in any jurisdiction or political subdivision of the state."

Section 119. Section 13-37-119, MCA, is amended to read:

"13-37-119. Availability of information. (1) The commissioner shall make statements and other information filed with his the commissioner's office available for public inspection and copying during regular office hours and make copying facilities available free of charge or at a charge not to exceed the actual cost.

(2) The commissioner shall preserve statements and other information filed with his the commissioner's office for a period of 10 years from the date of receipt.

(3) The commissioner shall prepare and publish summaries of the statements received and such other reports as he that the commissioner considers appropriate.

(4) The commissioner shall provide for wide public dissemination of summaries and reports."

Section 120. Section 13-37-122, MCA, is amended to read:

"13-37-122. Judicial review of orders of noncompliance. A candidate or political treasurer aggrieved by the issuance who is the subject of an order of noncompliance may seek judicial review in the district court of the county in which the candidate resides or the county in which the political committee has its headquarters. All petitions for judicial review filed pursuant to this section shall must be expeditiously reviewed by the appropriate district court."

Section 121. Section 13-37-125, MCA, is amended to read:

"13-37-125. Powers of county attorney to investigate. (1) Nothing in chapter 35 of this title or this chapter prevents a county attorney from inspecting any records, accounts, or books which that must be kept pursuant to the provisions of chapter 35 of this title or this chapter that are held by a political committee or candidate involved in an election to be held within the county. However, the inspections must be conducted during reasonable office hours.

(2) A county attorney may:

(a) administer oaths and affirmations;

(b) subpoena witnesses and compel their attendance;

(d) require the production of any books, correspondence, memoranda, bank account statements of a political committee or candidate, or other records which that are relevant or material for the purpose of conducting any investigation pursuant to the provisions of chapter 35 of this title or this chapter."

Section 122. Section 13-37-201, MCA, is amended to read:

"13-37-201. Campaign treasurer. Except as provided in 13-37-206, each candidate and each political committee shall appoint one campaign treasurer and certify the full name and complete address of the campaign treasurer pursuant to this section. A candidate shall file the certification within 5 days after becoming a candidate. A political committee shall file the certification, which shall must include an organizational statement and set forth the name and address of all other officers, if any, within 5 days after it makes an expenditure or authorizes another person to make an expenditure on its behalf, whichever occurs first. The certification of a candidate or political committee shall must be filed with the commissioner and the appropriate election administrator as specified for the filing of reports in 13-37-225."

Section 123. Section 13-37-202, MCA, is amended to read:

"13-37-202. Deputy campaign treasurers. (1) A campaign treasurer may appoint deputy campaign treasurers, but not more than one in each county in which the campaign is conducted. Each candidate and political committee shall certify the full name and complete address of the campaign treasurer and all deputy campaign treasurers with the office with whom the candidate or the political committee is required to file reports.

(2) Deputy campaign treasurers may exercise any of the powers and duties of a campaign treasurer as set forth in this chapter when specifically authorized in writing to do so by the campaign treasurer and the candidate, in the case of a candidate, or the campaign treasurer and the chairman presiding officer of the political committee, in the case of a political committee. The written authorization shall must be maintained as a part of the records required to be kept by the treasurer, as specified in 13-37-208."

Section 124. Section 13-37-203, MCA, is amended to read:

"13-37-203. Qualifications of campaign and deputy campaign treasurers. Any campaign or deputy campaign treasurer appointed pursuant to 13-37-201 and 13-37-202 shall must be a registered voter in this state. An individual may be appointed and serve as a campaign treasurer of a candidate and a political committee or two or more candidates and political committees. A candidate may appoint himself as his serve as the candidate's own campaign or deputy campaign treasurer. No An individual may not serve as a campaign or deputy campaign treasurer or perform any duty required of a campaign or deputy campaign treasurer of a candidate or political committee until he the individual has been designated and his the individual's name certified by the candidate or political committee."

Section 125. Section 13-37-204, MCA, is amended to read:

"13-37-204. Removal of campaign and deputy campaign treasurers. A candidate or political committee may remove his the candidate's or its committee's campaign or deputy campaign treasurer. The removal of any treasurer or deputy treasurer shall must immediately be reported to the officer with whom the name of the campaign treasurer was originally filed. In case of death, resignation, or removal of his the candidate's or its committee's campaign treasurer before compliance with any obligation of a campaign treasurer under this chapter, the candidate or political committee shall appoint a successor and certify the name and address of the successor as specified in 13-37-201."

Section 126. Section 13-37-205, MCA, is amended to read:

"13-37-205. Campaign depositories. Except as provided in 13-37-206, each candidate and each political committee shall designate one primary campaign depository for the purpose of depositing all contributions received and disbursing all expenditures made by the candidate or political committee. The candidate or political committee may also designate one secondary depository in each county in which an election is held and in which the candidate or committee participates. Deputy campaign treasurers may make deposits in and expenditures from secondary depositories when authorized to do so as provided in 13-37-202(2). Only a bank, credit union, savings and loan association, or building and loan association authorized to transact business in Montana may be designated as a campaign depository. The candidate or political committee shall file the name and address of each designated primary and secondary depository so designated at the same time and with the same officer with whom the candidate or committee files the name of his the candidate's or its committee's campaign treasurer pursuant to 13-37-201. Nothing in this This section shall does not prevent a political committee or candidate from having more than one campaign account in the same depository, but a candidate may not utilize his the candidate's regular or personal account in the depository as a campaign account."

Section 127. Section 13-37-206, MCA, is amended to read:

"13-37-206. Exception for certain school districts and certain special districts. (1) The provisions of this part, except 13-37-217, do not apply to candidates for the office of trustee of a school district, their political campaigns, and political committees organized to support or oppose a school district issue when the school district is:

(a) a first-class district located in a county having a population of less than 15,000;

(b) a second- or third-class district; or

(2) The provisions of this part, except 13-37-217, do not apply to candidates, their political campaigns, and political committees organized to support or oppose an issue if the candidate is running for or the committee's issue involves for certain special district offices, their political campaigns, and political committees organized to support or oppose a special district issue.

(3) As used in this section, "special district" means a unit of local government authorized by law to perform a single function or a limited number of functions,. The term includes including but is not limited to a conservation district, a weed management district, a fire district, a community college district, a hospital district, an irrigation district, a sewer district, a transportation district, or a water district,. The term also includes or any district or other entity formed by interlocal agreement."

Section 128. Section 13-37-207, MCA, is amended to read:

"13-37-207. Deposit of contributions -- statement of campaign treasurer. (1) All funds received by the campaign treasurer or any deputy campaign treasurer of any candidate or political committee shall must be deposited prior to the end of the fifth business day following their receipt, (Sundays and holidays excluded), in a checking account, share draft account, share checking account, or negotiable order of withdrawal account in a campaign depository designated pursuant to 13-37-205.

(2) A statement showing the amount received from or provided by each person and the account in which the funds are deposited shall must be prepared by the campaign treasurer at the time the deposit is made. This statement along with the receipt form for cash contributions deposited at the same time and a deposit slip for the deposit shall must be kept by the treasurer as a part of his the treasurer's records."

Section 129. Section 13-37-208, MCA, is amended to read:

"13-37-208. Treasurer to keep records. (1) (a) The Except as provided in subsection (1)(b), the campaign treasurer of each candidate and each political committee shall keep detailed accounts (current within not more than 10 days after the date of receiving a contribution or making an expenditure, except that accounts shall be current as of the 5th day before the date of filing of a report as specified in 13-37-226) of all contributions received and all expenditures made by or on behalf of the candidate or political committee that are required to be set forth in a report filed under this chapter. The accounts must be current within not more than 10 days after the date of receiving a contribution or making an expenditure.

(b) The accounts described in subsection (1)(a) must be current as of the 5th day before the date of filing of a report as specified in 13-37-226.

(2) Accounts of a deputy campaign treasurer shall must be transferred to the treasurer of a candidate or political committee before the candidate or political committee finally closes its books or when the position of a deputy campaign treasurer becomes vacant and no successor is appointed.

(3) Accounts kept by a campaign treasurer of a candidate or political committee shall must be preserved by the campaign treasurer for a period coinciding with the term of office for which the person was a candidate or for a period of 4 years, whichever is longer."

Section 130. Section 13-37-215, MCA, is amended to read:

"13-37-215. Petty cash funds allowed. (1) The campaign treasurer for each candidate or political committee is authorized to withdraw the following amount each week from the primary depository for the purpose of providing a petty cash fund for the candidate or political committee:

(a) for all statewide candidates and political committees filing reports pursuant to 13-37-226(1), $100 per week; and

(b) for all other candidates and political committees, $25 per week.

(2) The petty cash fund may be spent for office supplies, transportation expenses, postage stamps, and other necessities in an amount of less than $25. Petty cash shall may not be used for the purchase of time, space, or services from any communications medium."

Section 131. Section 13-37-217, MCA, is amended to read:

"13-37-217. Contributions in name of undisclosed principal. No A person may not make a contribution of his the person's own money or of another person's money to any other person in connection with any election in any other name than that of the person who in truth supplies such the money. No A person may not knowingly receive such a contribution or enter or cause the same contribution to be entered in his the person's accounts or records in another name than that of the person by whom it was actually furnished."

Section 132. Section 13-37-225, MCA, is amended to read:

"13-37-225. Reports of contributions and expenditures required. (1) Except as provided in 13-37-206, each candidate and political committee shall file periodic reports of contributions and expenditures made by or on the behalf of a candidate or political committee. All reports required by this chapter shall must be filed with the commissioner and with the election administrator of the county in which a candidate is a resident or the political committee has its headquarters. However, where residency within a district, county, city, or town is not a prerequisite for being a candidate, copies of all reports shall must be filed with the election administrator of the county in which the election is to be held or, if the election is to be held in more than one county, with the election administrator in the county that the commissioner specifies.

(2) In lieu of all contribution and expenditure reports required by this chapter, the commissioner shall accept copies of the reports filed by candidates for congress and president of the United States and their political committees pursuant to the requirements of federal law."

Section 133. Section 13-37-228, MCA, is amended to read:

"13-37-228. Time periods covered by reports. Reports filed under 13-37-225 and 13-37-226 must be filed to cover the following time periods even though no contributions or expenditures may have been received or made during the period:

(1) The initial report must cover all contributions received or expenditures made by a candidate or political committee prior to the time that a person became a candidate or a political committee as defined in 13-1-101 until the fifth day before the date of filing of the appropriate initial report pursuant to subsections (1) through (5) of 13-37-226(1) through (5). Reports filed by political committees organized to support or oppose a statewide ballot issue must disclose all contributions received and expenditures made prior to the time an issue becomes a ballot issue by transmission of the petition to the proponent of the ballot issue or referral by the secretary of state, even if the issue subsequently fails to garner sufficient signatures to qualify for the ballot.

(2) Subsequent periodic reports must cover the period of time from the closing of the previous report to 5 days before the date of filing of a report pursuant to 13-37-226(1) through (5).

(3) Closing reports must cover the period of time from the last periodic report to the final closing of the books of the candidate or political committee. A candidate or political committee shall file a closing report following an election in which the candidate or political committee participates whenever all debts and obligations are extinguished satisfied and no further contributions or expenditures will not be received or made which that relate to the campaign, unless the election is a primary election and the candidate or political committee will participate in the general election."

Section 134. Section 13-37-231, MCA, is amended to read:

"13-37-231. Reports to be certified as true and correct. (1) A report required by this chapter to be filed by a candidate or political committee shall must be verified as true and correct by the oath or affirmation of the individual filing the report. The individual filing the report shall must be the candidate or an officer of a political committee who is on file as an officer of the committee with the commissioner.

(2) A copy of a report or statement filed by a candidate or political committee shall must be preserved by the individual filing it for a period coinciding with the term of office for which the person was a candidate or for a period of 4 years, whichever is longer."

Section 135. Section 13-38-101, MCA, is amended to read:

"13-38-101. Powers of parties. Each political party shall have power to may:

(1) make its own rules;

(2) provide for and select its own offices;

(3) call conventions and provide for the number and qualification of delegates;

(4) adopt platforms;

(5) provide for selection of delegates to national conventions;

(6) provide for the nomination of presidential electors;

(7) provide for the selection of national committeemen and women committee representatives;

(8) make nominations to fill vacancies occurring among its candidates nominated for offices to be filled by the state at large or by any district consisting of more than one county where such the vacancies are caused by death, resignation, or removal from the electoral district;

(9) perform all other functions inherent in such an a party organization."

Section 136. Section 13-38-201, MCA, is amended to read:

"13-38-201. Election of committeemen committee representatives at primary. (1) Except as provided in subsection (4), each political party shall elect at each primary election one person of each sex to serve as committeemen committee representatives for each election precinct. The committeemen committee representatives must be residents and registered voters of the precinct.

(2) An elector may be placed in nomination for committeeman committee representative by a written statement, signed by the elector, notarized, and filed in the office of the registrar within the time for filing declarations naming candidates for nomination at the regular biennial primary election.

(3) Except as provided in subsection (4), the names of candidates for precinct committeeman committee representative of each political party must appear on the party ticket in the same manner as other candidates and are voted for in the same manner as other candidates.

(4) If only one person of each sex has been nominated to fill a precinct's positions, the election administrator may decline to include that precinct's election in the primary election. If a precinct's election is not held during the primary election pursuant to this subsection, the county governing body shall declare elected by acclamation the candidates nominated for that precinct's committeemen committee representative positions."

Section 137. Section 13-38-202, MCA, is amended to read:

"13-38-202. Committeemen Committee representatives as party representatives -- county and city central committees. (1) Each committeeman committee representative shall represent his the representative's political party for the precinct in all ward or subdivision committees formed.

(2) The committeemen committee representatives in each precinct shall constitute the county central committee of the respective political parties.

(3) Committeemen Committee representatives who reside within the limits of a city are ex officio the city central committee of their respective political parties and have the power to make their own rules not inconsistent with those of the county central committee. However, the county central committee has the power to fill vacancies in the city central committee.

(4) Each precinct committeeman committee representative has serves a term of 2 years from the date of his election.

(5) If a vacancy occurs, the remaining members of the county committee may select a precinct resident to fill the vacancy."

Section 138. Section 13-38-203, MCA, is amended to read:

"13-38-203. Powers of county and city central committees -- role of state central committee where no county central committee exists. (1) The county and city central committee may:

(a) make rules for the government of its political party in each county not inconsistent with any of the provisions of the election laws of this state or the rules of its state political party;

(b) elect two county members of the state central committee, one of whom shall be a man and one of whom shall be a woman each gender, elect the members of the congressional committee, and fill all vacancies and make rules in their jurisdiction.

(2) If there is no county central committee, the state central committee shall appoint a county central committee."

Section 139. Section 13-38-205, MCA, is amended to read:

"13-38-205. Organization and operation of committee. (1) The committee shall meet prior to the state convention of its political party and organize by electing a chairman presiding officer and one or more vice-chairmen vice presiding officers. The chairman gender of the presiding officer or first vice-chairman shall and the vice presiding officer may not be a woman the same. The committee shall elect a secretary and other officers as are proper necessary. It is not necessary for the officers to be precinct committeemen committee representatives.

(2) The committee may select managing or executive committees and authorize subcommittees to exercise all powers conferred upon the county, city, state, and congressional central committees by the election laws of this state.

(3) The chairman presiding officer of the county central committee shall call the central committee meeting and not less than 4 days before the date of the central committee meeting shall publish the call in a newspaper published at the county seat and mail a copy of the call to each precinct committeeman committee representative. If party rules permit the use of a proxy, no a proxy may not be recognized unless it is held by an elector of the precinct of the committeeman committee representative executing it.

(4) The county chairman presiding officer of the party shall preside at the county convention. No person other than a duly elected or appointed committeeman committee representative or officer of the committee is entitled to participate in the proceedings of the committee.

(5) If a committeeman committee representative is absent, the convention may fill the vacancy by appointing some qualified elector of the party, resident in the precinct, to represent the precinct in the convention.

(6) The county convention shall elect delegates and alternate delegates to the state convention under rules of the state party. The chairman presiding officer and secretary of the county convention shall issue and sign certificates of election of the delegates."

Section 140. Section 15-1-104, MCA, is amended to read:

"15-1-104. Treasurers to destroy certain tax records. The treasurer of each county, city, or town in the state of Montana may destroy all tax records in his the treasurer's possession more than 30 years old."

Section 141. Section 15-1-204, MCA, is amended to read:

"15-1-204. Consultation with governor. The department shall consult and confer with the governor of the state upon the subject of taxation, the administration of the laws relating thereto, and the progress of the work of the department and furnish the governor such with assistance as he that the governor may require."

Section 142. Section 15-1-601, MCA, is amended to read:

"15-1-601. Compact adopted -- text. The Multistate Tax Compact is hereby enacted into law and entered into with all jurisdictions legally joining therein in the compact, in the form substantially as set forth herein below in this section. Article VIII of the Multistate Tax Compact relating to interstate audits is specifically adopted.

Article I. Purposes The purposes of this compact are to:

(1) facilitate proper determination of state and local tax liability of multistate taxpayers, including the equitable apportionment of tax bases and settlement of apportionment disputes;

(2) promote uniformity or compatibility in significant components of tax systems;

(3) facilitate taxpayer convenience and compliance in the filing of tax returns and in other phases of tax administration;

(4) avoid duplicative taxation.

Article II. Definitions As used in this compact:

(1) "state" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States;

(2) "subdivision" means any government unit or special district of a state;

(3) "taxpayer" means any corporation, partnership, firm, association, governmental unit or agency, or person acting as a business entity in more than one state;

(4) "income tax" means a tax imposed on or measured by net income including any tax imposed on or measured by an amount arrived at by deducting expenses from gross income, one or more forms of which expenses are not specifically and directly related to particular transactions;

(5) "capital stock tax" means a tax measured in any way by the capital of a corporation considered in its entirety;

(6) "gross receipts tax" means a tax, other than a sales tax, which is imposed on or measured by the gross volume of business, in terms of gross receipts or in other terms, and in the determination of which no deduction is allowed which would constitute the tax an income tax;

(7) "sales tax" means a tax imposed with respect to the transfer for a consideration of ownership, possession, or custody of tangible personal property or the rendering of services measured by the price of the tangible personal property transferred or services rendered and which is required by state or local law to be separately stated from the sales price by the seller or which is customarily separately stated from the sales price but does not include a tax imposed exclusively on the sale of a specifically identified commodity or article or class of commodities or articles;

(8) "use tax" means a nonrecurring tax, other than a sales tax, which:

(a) is imposed on or with respect to the exercise or enjoyment of any right or power over tangible personal property incident to the ownership, possession, or custody of that property or the leasing of that property from another including any consumption, keeping, retention, or other use of tangible personal property; and

(b) is complementary to a sales tax;

(9) "tax" means an income tax, capital stock tax, gross receipts tax, sales tax, use tax, and any other tax which has a multistate impact, except that the provisions of Articles III, IV, and V of this compact shall apply only to the taxes specifically designated therein and the provisions of Article IX of this compact shall apply only in respect to determinations pursuant to Article IV.

Article III. Elements Of Income Tax LawsTaxpayer Option, State and Local Taxes

(1) Any taxpayer subject to an income tax whose income is subject to apportionment and allocation for tax purposes pursuant to the laws of a party state or pursuant to the laws of subdivisions in two or more party states may elect to apportion and allocate his the taxpayer's income in the manner provided by the laws of such state or by the laws of such states and subdivisions without reference to this compact or may elect to apportion and allocate in accordance with Article IV. This election for any tax year may be made in all party states or subdivisions thereof or in any one or more of the party states or subdivisions thereof without reference to the election made in the others. For the purposes of this subsection, taxes imposed by subdivisions shall be considered separately from state taxes and the apportionment and allocation also may be applied to the entire tax base. In no instance wherein Article IV is employed for all subdivisions of a state may the sum of all apportionments and allocations to subdivisions within a state be greater than the apportionment and allocation that would be assignable to that state if the apportionment or allocation were being made with respect to a state income tax.

Taxpayer Option, Short Form (2) Each party state or any subdivision thereof which imposes an income tax shall provide by law that any taxpayer required to file a return whose only activities within the taxing jurisdiction consist of sales and do not include owning or renting real estate or tangible personal property and whose dollar volume of gross sales made during the tax year within the state or subdivision, as the case may be, is not in excess of $100,000 may elect to report and pay any tax due on the basis of a percentage of such volume and shall adopt rates which shall produce a tax which reasonably approximates the tax otherwise due. The multistate tax commission, not more than once in 5 years, may adjust the $100,000 figure in order to reflect such changes as may occur in the real value of the dollar, and such adjusted figure, upon adoption by the commission, shall replace the $100,000 figure specifically provided herein. Each party state and subdivision thereof may make the same election available to taxpayers additional to those specified in this subsection.

Coverage (3) Nothing in this article relates to the reporting or payment of any tax other than an income tax.

Article IV. Division Of Income (1) As used in this article, unless the context otherwise requires:

(a) "business income" means income arising from transactions and activity in the regular course of the taxpayer's trade or business and includes income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer's regular trade or business operations;

(b) "commercial domicile" means the principal place from which the trade or business of the taxpayer is directed or managed;

(c) "compensation" means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services;

(d) "financial organization" means any bank, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, savings and loan association, credit union, cooperative bank, small loan company, sales finance company, investment company, or any type of insurance company;

(e) "nonbusiness income" means all income other than business income;

(f) "public utility" means any business entity:

(i) which owns or operates any plant, equipment, property, franchise, or license for the transmission of communications, transportation of goods or persons, except by pipeline, or the production, transmission, sale, delivery, or furnishing of electricity, water, or steam; and

(ii) whose rates of charges for goods or services have been established or approved by a federal, state, or local government or governmental agency;

(g) "sales" means all gross receipts of the taxpayer not allocated under subsections of this article;

(h) "state" means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof;

(i) "this state" means the state in which the relevant tax return is filed or, in the case of application of this article to the apportionment and allocation of income for local tax purposes, the subdivision or local taxing district in which the relevant tax return is filed.

(2) Any taxpayer having income from business activity which is taxable both within and without this state, other than activity as a financial organization or public utility or the rendering of purely personal services by an individual, shall allocate and apportion his the taxpayer's net income as provided in this article. If a taxpayer has income from business activity as a public utility but derives the greater percentage of his the taxpayer's income from activities subject to this article, the taxpayer may elect to allocate and apportion his the taxpayer's entire net income as provided in this article.

(3) For purposes of allocation and apportionment of income under this article, a taxpayer is taxable in another state if:

(a) in that state he the taxpayer is subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporate stock tax; or

(b) that state has jurisdiction to subject the taxpayer to a net income tax regardless of whether, in fact, the state does or does not.

(4) Rents and royalties from real or tangible personal property, capital gains, interest, dividends, or patent or copyright royalties, to the extent that they constitute nonbusiness income, shall be allocated as provided in subsections (5) through (8) of this article.

(5) (a) Net rents and royalties from real property located in this state are allocable to this state.

(b) Net rents and royalties from tangible personal property are allocable to this state:

(i) if and to the extent that the property is utilized in this state; or

(ii) in their entirety if the taxpayer's commercial domicile is in this state and the taxpayer is not organized under the laws of or taxable in the state in which the property is utilized.

(c) The extent of utilization of tangible personal property in a state is determined by multiplying the rents and royalties by a fraction, the numerator of which is the number of days of physical location of the property in the state during the rental or royalty period in the taxable year and the denominator of which is the number of days of physical location of the property everywhere during all rental or royalty periods in the taxable year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, tangible personal property is utilized in the state in which the property was located at the time the rental or royalty payer obtained possession.

(6) (a) Capital gains and losses from sales of real property located in this state are allocable to this state.

(b) Capital gains and losses from sales of tangible personal property are allocable to this state if:

(i) the property had a situs in this state at the time of the sale; or

(ii) the taxpayer's commercial domicile is in this state and the taxpayer is not taxable in the state in which the property had a situs.

(c) Capital gains and losses from sales of intangible personal property are allocable to this state if the taxpayer's commercial domicile is in this state.

(7) Interest and dividends are allocable to this state if the taxpayer's commercial domicile is in this state.

(8) (a) Patent and copyright royalties are allocable to this state:

(i) if and to the extent that the patent or copyright is utilized by the payer in this state; or

(ii) if and to the extent that the patent or copyright is utilized by the payer in a state in which the taxpayer is not taxable and the taxpayer's commercial domicile is in this state.

(b) A patent is utilized in a state to the extent that it is employed in production, fabrication, manufacturing, or other processing in the state or to the extent that a patented product is produced in the state. If the basis of receipts from patent royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the patent is utilized in the state in which the taxpayer's commercial domicile is located.

(c) A copyright is utilized in a state to the extent that printing or other publication originates in the state. If the basis of receipts from copyright royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the copyright is utilized in the state in which the taxpayer's commercial domicile is located.

(9) All business income shall be apportioned to this state by multiplying the income by a fraction, the numerator of which is the property factor plus the payroll factor plus the sales factor and the denominator of which is 3.

(10) The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period.

(11) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals.

(12) The average value of property shall be determined by averaging the values at the beginning and ending of the tax period, but the tax administrator may require the averaging of monthly values during the tax period if reasonably required to reflect properly the average value of the taxpayer's property.

(13) The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period.

(14) Compensation is paid in this state if:

(a) the individual's service is performed entirely within the state;

(b) the individual's service is performed both within and without the state, but the service performed without the state is incidental to the individual's service within the state; or

(i) the base of operations or, if there is no base of operations, the place from which the service is directed or controlled is in the state; or

(ii) the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this state.

(15) The sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this state during the tax period and the denominator of which is the total sales of the taxpayer everywhere during the tax period.

(16) Sales of tangible personal property are in this state if:

(a) the property is delivered or shipped to a purchaser, other than the United States government, within this state regardless of the f.o.b. point or other conditions of the sale; or

(b) the property is shipped from an office, store, warehouse, factory, or other place of storage in this state and:

(i) the purchaser is the United States government; or

(ii) the taxpayer is not taxable in the state of the purchaser.

(17) Sales, other than sales of tangible personal property, are in this state if:

(a) the income-producing activity is performed in this state; or

(b) the income-producing activity is performed both in and outside this state and a greater proportion of the income-producing activity is performed in this state than in any other state, based on costs of performance.

(18) If the allocation and apportionment provisions of this article do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition for or the tax administrator may require, in respect to all or any part of the taxpayer's business activity, if reasonable:

(a) separate accounting;

(b) the exclusion of any one or more of the factors;

(c) the inclusion of one or more additional factors which will fairly represent the taxpayer's business activity in this state; or

(d) the employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's income.

Article V. Elements Of Sales And Use Tax Laws Tax Credit (1) Each purchaser liable for a use tax on tangible personal property shall be entitled to full credit for the combined amount or amounts of legally imposed sales or use taxes paid by him the purchaser with respect to the same property to another state and any subdivision thereof. The credit shall be applied first against the amount of any use tax due the state, and any unused portion of the credit shall then be applied against the amount of any use tax due a subdivision.

Exemption Certificates -- Vendors May Rely (2) Whenever a vendor receives and accepts in good faith from a purchaser a resale or other exemption certificate or other written evidence of exemption authorized by the appropriate state or subdivision taxing authority, the vendor shall be relieved of liability for a sales or use tax with respect to the transaction.

Article VI. The CommissionOrganization and Management (1) (a) The Multistate Tax Commission is hereby established. It shall be composed of one member from each party state who shall be the head of the state agency charged with the administration of the types of taxes to which this compact applies. If there is more than one such agency, the state shall provide by law for the selection of the commission member from the heads of the relevant agencies. State law may provide that a member of the commission be represented by an alternate, but only if there is on file with the commission written notification of the designation and identity of the alternate. The attorney general of each party state or his the attorney general's designee or other counsel if the laws of the party state specifically provide, shall be entitled to attend the meetings of the commission but shall not vote. Such attorneys general, designees, or other counsel shall receive all notices of meetings required under subsection (1)(e) of this article.

(b) Each party state shall provide by law for the selection of representatives from its subdivisions affected by this compact to consult with the commission member from that state.

(c) Each member shall be entitled to one vote. The commission shall not act unless a majority of the members are present, and no action shall be binding unless approved by a majority of the total number of members.

(d) The commission shall adopt an official seal to be used as it may provide.

(e) The commission shall hold an annual meeting and such other regular meetings as its bylaws may provide and such special meetings as its executive committee may determine. The commission bylaws shall specify the dates of the annual and any other regular meetings and shall provide for the giving of notice of annual, regular, and special meetings. Notice of special meetings shall include the reasons therefor and an agenda of the items to be considered.

(f) The commission shall elect annually, from among its members, a chairman presiding officer, a vice-chairman vice presiding officer, and a treasurer. The commission shall appoint an executive director who shall serve at its pleasure, and it shall fix his the executive director's duties and compensation. The executive director shall be secretary of the commission. The commission shall make provision for the bonding of such of its officers and employees as it may deem appropriate.

(g) Irrespective of the civil service, personnel, or other merit system laws of any party state, the executive director shall appoint or discharge such personnel as may be necessary for the performance of the functions of the commission and shall fix their duties and compensation. The commission bylaws shall provide for personnel policies and programs.

(h) The commission may borrow, accept, or contract for the services of personnel from any state, the United States, or any other governmental entity.

(i) The commission may accept for any of its purposes and functions any and all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any governmental entity and may utilize and dispose of the same.

(j) The commission may establish one or more offices for the transacting of its business.

(k) The commission shall adopt bylaws for the conduct of its business. The commission shall publish its bylaws in convenient form and shall file a copy of the bylaws and any amendments thereto with the appropriate agency or officer in each of the party states.

(l) The commission annually shall make to the governor and legislature of each party state a report covering its activities for the preceding year. Any donation or grant accepted by the commission or services borrowed shall be reported in the annual report of the commission and shall include the nature, amount, and conditions, if any, of the donation, gift, grant, or services borrowed and the identity of the donor or lender. The commission may make additional reports as it may deem desirable.

Committees (2) (a) T o assist in the conduct of its business when the full commission is not meeting, the commission shall have an executive committee of seven members, including the chairman presiding officer, vice-chairman vice presiding officer, treasurer, and four other members elected annually by the commission. The executive committee, subject to the provisions of this compact and consistent with the policies of the commission, shall function as provided in the bylaws of the commission.

(b) The commission may establish advisory and technical committees, membership on which may include private persons and public officials, in furthering any of its activities. Such committees may consider any matter of concern to the commission, including problems of special interest to any party state and problems dealing with particular types of taxes.

Powers (3) In addition to powers conferred elsewhere in this compact, the commission shall have power to:

(a) study state and local tax systems and particular types of state and local taxes;

(b) develop and recommend proposals for an increase in uniformity or compatibility of state and local tax laws with a view toward encouraging the simplification and improvement of state and local tax law and administration;

(c) compile and publish information as in its judgment would assist the party states in implementation of the compact and taxpayers in complying with state and local tax laws;

(d) do all things necessary and incidental to the administration of its functions pursuant to this compact.

Finance (4) (a) The commission shall submit to the governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that state for presentation to the legislature thereof.

(b) Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amounts to be appropriated by each of the party states. The total amount of appropriations requested under any such budget shall be apportioned among the party states as follows: one-tenth in equal shares and the remainder in proportion to the amount of revenue collected by each party state and its subdivisions from income taxes, capital stock taxes, gross receipts taxes, sales and use taxes. In determining such amounts, the commission shall employ such available public sources of information as, in its judgment, present the most equitable and accurate comparisons among the party states. Each of the commission's budgets of estimated expenditures and requests for appropriations shall indicate the sources used in obtaining information employed in applying the formula contained in this subsection.

(c) The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under subsection (1)(i) of this article, provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under subsection (1)(i), the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

(d) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.

(e) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any person authorized by the commission.

(f) Nothing contained in this article shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

Article VII. Uniform Regulations And Forms (1) Whenever any two or more party states or subdivisions of party states have uniform or similar provisions of law relating to an income tax, capital stock tax, gross receipts tax, sales or use tax, the commission may adopt uniform regulations for any phase of the administration of such law, including assertion of jurisdiction to tax or prescribing uniform tax forms. The commission may also act with respect to the provisions of Article IV of this compact.

(2) Prior to the adoption of any regulation, the commission shall:

(a) as provided in its bylaws, hold at least one public hearing on due notice to all affected party states and subdivisions thereof and to all taxpayers and other persons who have made timely request of the commission for advance notice of its regulation-making proceedings;

(b) afford all affected party states and subdivisions and interested persons an opportunity to submit relevant written data and views, which shall be considered fully by the commission.

(3) The commission shall submit any regulations adopted by it to the appropriate officials of all party states and subdivisions to which they might apply. Each such state and subdivision shall consider any such regulation for adoption in accordance with its own laws and procedures.

Article VIII. Interstate Audits (1) This article shall be in force only in those party states that specifically provide therefor by statute.

(2) Any party state or subdivision thereof desiring to make or participate in an audit of any accounts, books, papers, records, or other documents may request the commission to perform the audit on its behalf. In responding to the request, the commission shall have access to and may examine, at any reasonable time, such accounts, books, papers, records, and other documents and any relevant property or stock of merchandise. The commission may enter into agreements with party states or their subdivisions for assistance in performance of the audit. The commission shall make charges, to be paid by the state or local government or governments for which it performs the service, for any audits performed by it in order to reimburse itself for the actual costs incurred in making the audit.

(3) The commission may require the attendance of any person within the state where it is conducting an audit or part thereof at a time and place fixed by it within such state for the purpose of giving testimony with respect to any account, book, paper, document, other record, property, or stock of merchandise being examined in connection with the audit. If the person is not within the jurisdiction, he the person may be required to attend for such purpose at any time and place fixed by the commission within the state of which he the person is a resident, provided that such state has adopted this article.

(4) The commission may apply to any court having power to issue compulsory process for orders in aid of its powers and responsibilities pursuant to this article, and any and all such courts shall have jurisdiction to issue such orders. Failure of any person to obey any such order shall be punishable as contempt of the issuing court. If the party or subject matter on account of which the commission seeks an order is within the jurisdiction of the court to which application is made, such application may be to a court in the state or subdivision on behalf of which the audit is being made or a court in the state in which the object of the order being sought is situated. The provisions of this subsection apply only to courts in a state that has adopted this article.

(5) The commission may decline to perform any audit requested if it finds that its available personnel or other resources are insufficient for the purpose or that, in the terms requested, the audit is impracticable of satisfactory performance. If the commission, on the basis of its experience, has reason to believe that an audit of a particular taxpayer, either at a particular time or on a particular schedule, would be of interest to a number of party states or their subdivisions, it may offer to make the audit or audits, the offer to be contingent on sufficient participation therein as determined by the commission.

(6) Information obtained by any audit pursuant to this article shall be confidential and available only for tax purposes to party states, their subdivisions, or the United States. Availability of information shall be in accordance with the laws of the states or subdivisions on whose account the commission performs the audit and only through the appropriate agencies or officers of such states or subdivisions. Nothing in this article shall be construed to require any taxpayer to keep records for any period not otherwise required by law.

(7) Other arrangements made or authorized pursuant to law for cooperative audit by or on behalf of the party states or any of their subdivisions are not superseded or invalidated by this article.

(8) In no event shall the commission make any charge against a taxpayer for an audit.

(9) As used in this article, "tax", in addition to the meaning ascribed to it in Article II, means any tax or license fee imposed in whole or in part for revenue purposes.

Article IX. Arbitration (1) Whene ver the commission finds a need for settling disputes concerning apportionments and allocations by arbitration, it may adopt a regulation placing this article in effect, notwithstanding the provisions of Article VII.

(2) The commission shall select and maintain an arbitration panel composed of officers and employees of state and local governments and private persons who shall be knowledgeable and experienced in matters of tax law and administration.

(3) Whenever a taxpayer who has elected to employ Article IV or whenever the laws of the party state or subdivision thereof are substantially identical with the relevant provisions of Article IV, the taxpayer, by written notice to the commission and to each party state or subdivision thereof that would be affected, may secure arbitration of an apportionment or allocation if he the taxpayer is dissatisfied with the final administrative determination of the tax agency of the state or subdivision with respect thereto on the ground that it would subject him the taxpayer to double or multiple taxation by two or more party states or subdivisions thereof. Each party state and subdivision thereof hereby consents to the arbitration as provided herein and agrees to be bound thereby.

(4) The arbitration board shall be composed of one person selected by the taxpayer, one by the agency or agencies involved, and one member of the commission's arbitration panel. If the agencies involved are unable to agree on the person to be selected by them, such person shall be selected by lot from the total membership of the arbitration panel. The two persons selected for the board in the manner provided by the foregoing provisions of this subsection shall jointly select the third member of the board. If they are unable to agree on the selection, the third member shall be selected by lot from among the total membership of the arbitration panel. No member of a board selected by lot shall be qualified to serve if he is an officer or employee or is otherwise affiliated with any party to the arbitration proceeding. Residents within the jurisdiction of a party to the arbitration proceeding shall not constitute affiliation within the meaning of this subsection.

(5) The board may sit in any state or subdivision party to the proceeding, in the state of the taxpayer's incorporation, residence, or domicile, in any state where the taxpayer does business, or in any place that it finds most appropriate for gaining access to evidence relevant to the matter before it.

(6) The board shall give due notice of the times and places of its hearings. The parties shall be entitled to be heard, to present evidence, and to examine and cross-examine witnesses. The board shall act by majority vote.

(7) The board shall have power to administer oaths, take testimony, subpoena and require the attendance of witnesses and the production of accounts, books, papers, records, and other documents, and issue commissions to take testimony. Subpoenas may be signed by any member of the board. In case of failure to obey a subpoena and upon application by the board, any judge of a court of competent jurisdiction of the state in which the board is sitting or in which the person to whom the subpoena is directed may be found may make an order requiring compliance with the subpoenas, and the court may punish failure to obey the order as a contempt. The provisions of this subsection apply only in states that have adopted this article.

(8) Unless the parties otherwise agree, the expenses and other costs of the arbitration shall be assessed and allocated among the parties by the board in such manner as it may determine. The commission shall fix a schedule of compensation for members of arbitration boards and of other allowable expenses and costs. No officer or employee of a state or local government who serves as a member of a board shall be entitled to compensation therefor unless he the member is required on account of his the service to forego the regular compensation attaching to his the member's public employment, but any such board member shall be entitled to expenses.

(9) The board shall determine the disputed apportionment or allocation and any matters necessary thereto. The determinations of the board shall be final for purposes of making the apportionment or allocation, but for no other purpose.

(10) The board shall file with the commission and with each tax agency represented in the proceeding: the determination of the board, the board's written statement of its reasons therefor, the record of the board's proceedings, and any other documents required by the arbitration rules of the commission to be filed.

(11) The commission shall publish the determinations of boards, together with the statements of the reasons therefor.

(12) The commission shall adopt and publish rules of procedure and practice and shall file a copy of such rules and of any amendment thereto with the appropriate agency or officer in each of the party states.

(13) Nothing contained herein shall prevent at any time a written compromise of any matter or matters in dispute, if otherwise lawful, by the parties to the arbitration proceedings.

Article X. Entry Into Force And Withdrawal (1) This compact shall enter into force when enacted into law by any seven states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof. The commission shall arrange for notification of all party states whenever there is a new enactment of the compact.

(2) Any party state may withdraw from this compact by enacting a statute repealing the same. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

(3) No proceeding commenced before an arbitration board prior to the withdrawal of a state and to which the withdrawing state or any subdivision thereof is a party shall be discontinued or terminated by the withdrawal, nor shall the board thereby lose jurisdiction over any of the parties to the proceeding necessary to make a binding determination therein.

Article XI. Effect On Other Laws And Jurisdiction Nothing in this compact shall be construed to:

(1) affect the power of any state or subdivision thereof to fix rates of taxation, except that a party state shall be obligated to implement Article III, subsection (2), of this compact;

(2) apply to any tax or fixed fee imposed for the registration of a motor vehicle or any tax on motor fuel, other than a sales tax; provided that the definition of "tax" in Article VIII, subsection (9), may apply for the purposes of that article and the commission's powers of study and recommendation pursuant to Article VI, subsection (3), may apply;

(3) withdraw or limit the jurisdiction of any state or local court or administrative officer or body with respect to any person, corporation, or other entity or subject matter, except to the extent that such jurisdiction is expressly conferred by or pursuant to this compact upon another agency or body;

(4) supersede or limit the jurisdiction of any court of the United States.

Article XII. Construction And Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any state or of the United States or if the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters."

Section 143. Section 15-1-603, MCA, is amended to read:

"15-1-603. Alternate. The member representing this state on the multistate tax commission may be represented thereon by an alternate designated by him the member."

Section 144. Section 15-1-702, MCA, is amended to read:

"15-1-702. Issuance of warrant. (1) If a tax administered and collected by the department is not paid within 30 days of the due date, the department may issue a notice to the taxpayer notifying him that unless payment is received within 30 days of the date of the notice a warrant for distraint may be issued. Thirty days after the date of the notice, the department may issue a warrant if payment is not received.

(2) Use of the procedure to issue a warrant under this section does not preclude use of the procedure under 15-1-703 if the department determines that it is appropriate to utilize 15-1-703."

Section 145. Section 15-1-705, MCA, is amended to read:

"15-1-705. Review. (1) Except as provided in 15-1-707, a taxpayer has the right to a review of the tax liability pursuant to 15-1-211 prior to execution on a filed warrant for distraint.

(2) The department must provide notice of the right to review to the taxpayer. This notice may be given prior to the notice referred to in 15-1-702. If the taxpayer notified the department that he the taxpayer disagrees with an assessment as provided in 15-1-211, the warrant may not be executed upon until after the review process and any appeals are completed."

Section 146. Section 15-1-707, MCA, is amended to read:

"15-1-707. Emergency execution upon warrant. (1) The department may execute upon a filed warrant for distraint without providing an opportunity for a hearing prior to execution if the department determines that the collection of the tax is jeopardized because of the delay imposed by the hearing requirement.

(2) When the provisions of this section are utilized, the department must shall notify the taxpayer and inform the taxpayer that he the taxpayer has a right to request a hearing to be held subsequent to execution. A hearing, if desired, must be requested in writing within 30 days of the date of the notice and, if requested, must be held as soon as possible. The commencement of a proceeding under 15-1-705 does not preclude the use of the provisions of this section if the department determines that such the action is appropriate."

Section 147. Section 15-2-101, MCA, is amended to read:

"15-2-101. State tax appeal board -- appointment of members -- term of office. On July 1, 1973, there shall be created There is a state tax appeal board which shall be composed of three members to be appointed by the governor for staggered terms by and with the advice and consent of the senate;. provided, however However, a member so appointed may serve until the next regular session of the legislature without such the advice and consent of the senate. Each succeeding member shall hold his office for a term of 6 years and until his a successor shall be appointed and shall have qualified. Any A vacancy shall must be filled by the governor subject to confirmation by the senate during the next legislative session. Succeeding appointments, except when made to fill a vacancy, shall must be made on or before January 31 during the session of the legislature next preceding the commencement of the term for which the appointment is made."

Section 148. Section 15-2-103, MCA, is amended to read:

"15-2-103. Organization, quorum, sessions. The members of the state tax appeal board shall, without delay, meet at the state capital, and the governor shall designate one of their members as chairman presiding officer. A majority of said the board shall constitute constitutes a quorum. It shall be The board is in continuous session and must be open for the transaction of business every day except Saturdays, Sundays, and legal holidays; and the sessions of said the board shall must stand and be deemed considered to be adjourned from day to day without formal entry thereof upon its records. The board may hold sessions or conduct hearings and investigations at other places than the capital when deemed considered necessary to facilitate the performance of its duties or to accommodate parties in interest."

Section 149. Section 15-2-104, MCA, is amended to read:

"15-2-104. Employees -- expenses -- minutes -- rules. The state tax appeal board may appoint a secretary and employ such other persons as experts, assistants, clerks, and stenographers as may be necessary to perform the duties that may be required of it. The total expenses of such the board shall may not exceed, in the aggregate during any fiscal year, the amount appropriated for the board for all purposes by the legislature for such that year. The secretary shall keep full and correct minutes of the transactions and proceedings of said the board, shall have authority to and may administer oaths and perform such other duties as may be required of him. The board may make all needful adopt rules for the orderly and methodical performance of its duties as a tax appeal board and for conducting hearings and other proceedings before it."

Section 150. Section 15-2-304, MCA, is amended to read:

"15-2-304. Petition for interlocutory adjudication. (1) (a) Either party, within 30 days of the filing of an answer to an appeal before the state tax appeal board, may file a petition for an interlocutory adjudication under 15-2-305. The petition may be filed with the district court:

(i) in the first judicial district;

(ii) in the county in which the taxable property is located; or

(iii) in cases not involving property taxes, in the county where the taxpayer resides or has his the taxpayer's principal place of business in the state.

(b) The petition may raise any question involving procedure, the admissibility of evidence, or a substantive question of law raised by the pleadings within 30 days of filing an answer to the appeal with the state tax appeal board.

(c) A nonpetitioning party shall respond to the petition within 30 days after service of the petition. The response may raise any question not raised in the petition involving procedure, the admissibility of evidence, or a substantive question of law.

(2) After the 30-day period specified in subsection (1)(b) but before arguments have been heard, the parties to the proceeding may jointly petition a district court to make an interlocutory adjudication as provided under 15-2-305. A petition for an adjudication must be signed by each party to the proceeding.

(3) In a petition under subsection (1) or (2), one party must be designated as the petitioner and every other party must be designated a respondent. The court may in its discretion grant a petition if it appears that the issues presented involve procedure, the admissibility of evidence, or a substantive question of law and do not require the determination of questions of fact and that the controversy would be more expeditiously resolved by an adjudication. If the court grants a petition, it shall rule on all issues presented in the petition and the response, regardless of whether a ruling on less than all of the issues is dispositive of the case."

Section 151. Section 15-6-225, MCA, is amended to read:

"15-6-225. Small electrical generation equipment exemption. (1) (a) Machinery and equipment used in a qualifying generation facility that has a nameplate capacity of less than 1 megawatt of electrical energy is are exempt from taxation for 5 years after the generation of electricity begins.

(b) To qualify for the exemption under this section, the generation facility must be powered by an alternative renewable energy source.

(2) For the purposes of this section:

(a) "alternative renewable energy source" means a form of energy or matter that is capable of being converted into forms of energy useful to mankind humanity, including electricity, and the technology necessary to make this conversion when the source is not exhaustible in terms of this planet and when the source or technology is not in general commercial use. The term includes but is not limited to:

(i) solar energy;

(ii) wind energy;

(iii) geothermal energy;

(iv) conversion of biomass;

(v) fuel cells that do not require hydrocarbon fuel;

(vi) small hydroelectric generators producing less than 1 megawatt; or

(vii) methane from solid waste.

(b) "generation facility" includes any combination of a generator or generators, associated prime movers, and other associated machinery and equipment that are normally operated together to produce electric power, but does not include the owner's business improvements and personal property."

Section 152. Section 15-8-501, MCA, is amended to read:

"15-8-501. Assessment of unknown or absent owners. (1) If the owner or claimant of any property not listed by another person is absent or unknown, the department must shall make an estimate of the value of such the property.

(2) If the name of the absent owner is known to the department, the property must be assessed in his the owner's name; and, if unknown, the property must be assessed to unknown owners."

Section 153. Section 15-8-502, MCA, is amended to read:

"15-8-502. Representative status to be designated. When a person is assessed as agent, trustee, bailee, guardian, executor, or administrator, his the person's representative designation must be added to his the person's name and the assessment entered on a separate line from his the person's individual assessment."

Section 154. Section 15-16-503, MCA, is amended to read:

"15-16-503. Collection by suit of personal property taxes when taxpayer moves to another county. If any person removes moves from one county to another after being assessed on personal property, the treasurer of the county in which he the person was assessed may sue for and collect the same the taxes in the name of the county where the assessment was made."

Section 155. Section 15-17-318, MCA, is amended to read:

"15-17-318. Assignment of municipality's interest. (1) At any time after a parcel of land has been acquired by a municipality, as provided in 15-17-317, and has not been redeemed, the treasurer of the municipality shall assign all the rights of the municipality in the property to any person who pays:

(a) the purchase price paid by the municipality;

(b) the delinquent assessments;

(d) penalties and costs as provided by law.

(2) The treasurer of the municipality shall execute to such the person a certificate of sale for the parcel, which may be in substantially the form provided in 15-17-212 for the assignment of the interests of the county. If the certificate of sale becomes lost or accidentally destroyed by the assignee, the treasurer of the municipality shall issue a duplicate certificate to the assignee after the assignee delivers to the treasurer evidence satisfactory to him the treasurer, including an affidavit of the assignee, that the certificate has been lost or destroyed.

(3) An assignment by a municipality under this section discharges the trust created under 15-17-317. The municipality may also discharge the trust created under 15-17-317 by paying into the improvement fund the amount of the delinquent assessments and interest accrued thereon on the assessments."

Section 156. Section 15-24-1101, MCA, is amended to read:

"15-24-1101. Federal property held under contract by private person subject to taxation. Real and/or or personal property of the United States or any department or agency thereof of the United States held under contract of sale, lease, or other interest or estate therein in the property by any person for his the person's exclusive use shall be is subject to assessment for ad valorem property taxation as provided in this part;. provided that However, this part shall does not apply to real property held and in immediate use and occupation by this state or any county, municipal corporation, or political subdivision therein in this state."

Section 157. Section 15-24-1201, MCA, is amended to read:

"15-24-1201. State and other exempt property held under contract -- when taxable. Property of the state of Montana or any department, agency, or subdivision thereof of the state or any other property not subject to ad valorem tax to the owner thereof of the property by reason of the legal status of the owner, held under contract of sale or lease with option to purchase with lease moneys money applicable to the purchase price by any person for his the person's exclusive use, shall be is subject to assessment to the purchaser or lessee for ad valorem property taxation."

Section 158. Section 15-24-1206, MCA, is amended to read:

"15-24-1206. County suit for delinquent privilege tax. A tax due and unpaid under 15-24-1203 through 15-24-1205 shall constitute constitutes a debt due the county for and on behalf of the various taxing units concerned in the tax. If the tax imposed by 15-24-1203 through 15-24-1205 or any portion thereof of the tax is not paid at the time the same tax becomes delinquent, the county auditor may issue a warrant in the name of the county directed to the clerk of the district court in his the clerk's county, and thereupon the clerk shall enter in the judgment docket, in the column for judgment debtors, the name of the delinquent taxpayer mentioned in the warrant and, in the appropriate columns, the amount of tax, penalties, interest, and other costs for which the warrant is issued and the date when such the warrant is filed,. and thereupon the The docketed warrant so docketed shall have has the force and effect of a judgment duly rendered by a district court and docketed in the office of the clerk thereof, and the county shall have has the same remedies against the possessor user as any other judgment docket."

Section 159. Section 15-24-2403, MCA, is amended to read:

"15-24-2403. Expanding industry taxable value decrease -- application -- approval -- reports. (1) After December 31, 1991, an An existing industry with qualifying property that represents an expansion of the industry is entitled to receive a decrease in the tax rate for class eight property if the property results in the hiring of full-time qualifying employees for each year in which the taxable value decrease is in effect.

(2) A person, firm, or other group seeking to qualify its property for the taxable value decrease under subsection (1) shall apply to the department of revenue on a form provided by the department. The application must include:

(a) the description of the personal property that may qualify for the taxable value decrease;

(b) the date on which the qualifying property is intended to be operational;

(c) the rate of pay and number of existing employees and new employees to be used in the operation of the qualifying property;

(d) a statement that the new employees are in addition to the existing workforce of the industry and the specific responsibilities of each new employee; and

(e) a statement that all the applicant's taxes are paid in full.

(3) The department shall make an initial determination as to whether the industry qualifies for the taxable value decrease.

(4) (a) If the department determines that the property qualifies for a taxable value decrease, the governing body of the affected county, consolidated government, incorporated city or town, or school district shall give due notice as defined in 76-15-103 and hold a public hearing. Each governing body may either approve or disapprove the grant of taxable value decrease. A governing body may not grant approval for the project until all of the applicant's taxes have been paid in full. Taxes paid under protest do not preclude approval.

(b) The resolution provided for in subsection (4)(a) must include the document that grants approval of the application that was submitted to the department by the taxpayer seeking the taxable value decrease.

(5) The tax reduction described in subsection (1) applies to:

(a) the number of mills levied and assessed by each governing body approving the benefit over which the governing body has sole discretion; and

(b) statewide levies if the governing body approving the tax reduction is a county, consolidated government, or incorporated city or town.

(6) The number of new employees used by the department to calculate the taxable value decrease in subsection (7) must be determined by the wages paid to qualifying employees. A qualifying employee paid the amount of the average wage as determined by the quarterly statistical report published by the department of labor and industry is considered one new employee. Qualifying employees are considered equivalent new employees if they are paid three-quarters of the average wage or more. The qualifying employee is the equivalent of a new employee in the same fraction that his the qualifying employee's wages are to the average wage, but a qualifying employee may not be considered more than two new employees.

(7) (a) Qualifying property is entitled to a decrease in the taxable rate of class eight property based upon a percentage difference between a possible low rate of 3% and a high rate of the existing class eight property tax rate. The reduced taxable value rate is determined by calculating the inverse of the number of equivalent new employees divided by the number of existing employees and multiplying the product of that calculation by the decimal equivalent of the tax rate for class eight property.

(b) For each year that the taxable value decrease is in effect, the taxpayer shall report by March 1 to the department, on forms prescribed by the department, the wages of and the number of qualifying employees that are used in the operation of the qualifying property for which the taxable value decrease was granted."

Section 160. Section 15-30-113, MCA, is amended to read:

"15-30-113. General definition of dependent. (1) For purposes of 15-30-112, the term "dependent" means any of the following individuals over half of whose support, for the calendar year in which the taxable tax year of the taxpayer begins, was received from the taxpayer:

(a) a son or daughter of the taxpayer or a descendant of either;

(b) a stepson or stepdaughter of the taxpayer;

(d) the father or mother of the taxpayer or an ancestor of either;

(e) a stepfather or stepmother of the taxpayer;

(f) a son or daughter of a brother or sister of the taxpayer;

(g) a brother or sister of the father or mother of the taxpayer;

(h) a son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law of the taxpayer;

(i) an individual who, for the taxable tax year of the taxpayer, has as his the individual's principal place of abode the home of the taxpayer and is a member of the taxpayer's household; or

(j) an individual who:

(i) is a descendant of a brother or sister of the father or mother of the taxpayer;

(ii) for the taxable tax year of the taxpayer received institutional care required by reason of a physical or mental disability; and

(iii) before receiving such the institutional care, was a member of the same household as the taxpayer.

(2) For purposes of 15-30-112 and this section:

(a) the terms "brother" and "sister" include a brother or sister by the half blood;

(b) in determining whether any of the relationships specified in this section exist, a legally adopted child of an individual shall must be treated as a child of such the individual by blood."

Section 161. Section 15-30-129, MCA, is amended to read:

"15-30-129. Tax credit for providing disability insurance for employees. There is a credit against the taxes otherwise due under this chapter allowable to an employer for the amount of premiums for disability insurance paid by the employer for his the employer's employees. The tax credit must be computed in accordance with the provisions of 15-31-132."

Section 162. Section 15-30-132, MCA, is amended to read:

"15-30-132. Change from nonresident to resident or vice versa. If a taxpayer changes his status from that of resident to that of nonresident or from that of nonresident to that of resident during the taxable tax year, he the taxpayer shall file a return. If a resident obtains employment outside the state, income from such the employment is taxable in Montana."

Section 163. Section 15-30-134, MCA, is amended to read:

"15-30-134. Determination of marital status. For purposes of this chapter:

(1) the determination of whether an individual is married shall must be made as of the close of his taxable the individual's tax year, except that if his the individual's spouse dies during his taxable the individual's tax year, such the determination shall must be made as of the time of such death; and

(2) an individual legally separated from his the individual's spouse under a decree of divorce or of separate maintenance shall may not be considered as married."

Section 164. Section 15-30-135, MCA, is amended to read:

"15-30-135. Tax on beneficiaries or fiduciaries of estates or trusts. (1) A tax shall must be imposed upon either the fiduciaries or the beneficiaries of estates and trusts as hereinafter provided in this section, except to the extent such that estates and trusts shall must be held for educational, charitable, or religious purposes,. which The tax shall must be levied, collected, and paid annually with respect to the income of estates or of any kind of property held in trust, including:

(a) income received by estates of deceased persons during the period of administration or settlement of the estate;

(b) income accumulated in trust for the benefit of unborn or unascertained persons or persons with contingent interests;

(d) income which that is to be distributed to the beneficiaries periodically, whether or not at regular intervals, and the income collected by a guardian of a minor, to be held or distributed as the court may direct.

(2) The fiduciary shall be is responsible for making the return of income for the estate or trust for which he the fiduciary acts, whether the fiduciary or the beneficiaries are taxable with reference to the income of such the estate or trust. In cases under subsections (a) and (d) of subsection (1)(a) and (1)(d), the fiduciary shall include in the return a statement of each beneficiary's distributive share of net income, whether or not distributed before the close of the taxable tax year for which the return is made.

(3) In cases under subsections (a), (b), and (c) of subsection (1) (1)(a), (1)(b), and (1)(c), the tax shall must be imposed upon the fiduciary of the estate or trust with respect to the net income of the estate or trust and shall must be paid by the fiduciary. If the taxpayer's net income for the taxable tax year of the estate or trust is computed upon the basis of a period different from that upon the basis of which the net income of the estate or trust is computed, then his the taxpayer's distributive share of the net income of the estate or trust for any accounting period of such the estate or trust ending within the fiscal or calendar year shall must be computed upon the basis on which such the beneficiary's net income is computed. In such those cases, a beneficiary who is not a resident shall must be taxable with respect to his the beneficiary's income derived through such the estate or trust only to the extent provided in 15-30-131 for individuals other than residents.

(4) The fiduciary of a trust created by an employer as a part of a stock bonus, pension, or profit-sharing plan for the exclusive benefit of some or all of his the employer's employees, to which contributions are made by such the employer or employees, or both, for the purpose of distributing to such the employees the earnings and principal of the fund accumulated by the trust in accordance with such the plan, shall are not be taxable under this section, but any amount contributed to such the fund by the employer and all earnings of such the fund shall must be included in computing the income of the distributee in the year in which distributed or made available to him the distributee.

(5) Where any part of the income of a trust other than a testamentary trust is or may be applied to the payment of premiums upon policies of insurance on the life of the grantor, (except policies of insurance irrevocably payable for the purposes and in the manner specified relating to the so-called "charitable contribution" deduction), or to the payment of premiums upon policies of life insurance under which the grantor is the beneficiary, such the part of the income of the trust shall must be included in computing the net income of the grantor."

Section 165. Section 15-30-143, MCA, is amended to read:

"15-30-143. Return of fiduciary. Every fiduciary, (except receivers appointed by authority of law in possession of only part of the property of a taxpayer), shall make a return for the individual or estate or trust from whom he the fiduciary acts. Fiduciaries required to make returns under this section shall be are subject to all the provisions of this chapter which that apply to taxpayers."

Section 166. Section 15-30-156, MCA, is amended to read:

"15-30-156. Deduction for contributions to child abuse and neglect prevention program. A taxpayer filing an individual income tax return who does not elect to take the standard deduction provided for in 15-30-122 may, in computing net income, claim a deduction for the payment of a contribution to the child abuse and neglect prevention program as follows:

(1) If the taxpayer paid a contribution in the taxable tax year for which the return is filed, he the taxpayer may deduct the amount of the contribution paid during that year, unless the amount was deducted as provided in subsection (2).

(2) If the taxpayer encloses a check or other order to pay money as a contribution with the timely filing of a tax return, in accordance with 15-30-144, he the taxpayer may elect to take a deduction for the amount of the contribution and apply the deduction in the taxable tax year for which he the taxpayer is filing the return."

Section 167. Section 15-30-173, MCA, is amended to read:

"15-30-173. Residential property tax credit for elderly -- disallowance or adjustment of certain claims. (1) A claim is disallowed if the department finds that the claimant received title to his the individual's homestead primarily for the purpose of receiving benefits under 15-30-171 through 15-30-179.

(2) When the landlord and tenant have not dealt at arm's length and the department judges the gross rent charged to be excessive, the department may adjust the gross rent to a reasonable amount."

Section 168. Section 15-30-205, MCA, is amended to read:

"15-30-205. Amount withheld considered as tax collected. All amounts deducted and withheld shall must be considered as a tax collected under the provisions of 15-30-201 through 15-30-209, and no an employee shall does not have any right of action against his the employer in respect to any moneys so money deducted and withheld from his the employee's wages and paid to the state in compliance or intended compliance with 15-30-201 through 15-30-209."

Section 169. Section 15-30-206, MCA, is amended to read:

"15-30-206. Annual withholding statement. Every employer shall, prior to January 31 in each year, furnish to each employee a written statement showing the total wages paid by the employer to the employee during the preceding calendar year and showing the amount of the federal income tax deducted and withheld from such the wages and the amount of the tax deducted and withheld therefrom under the provisions of 15-30-201 through 15-30-209. Said The statement shall must contain such additional information and shall must be in such the form as that the department shall prescribe prescribes, and a duplicate thereof shall of the statement must be filed by the employee with his the employee's state income tax return."

Section 170. Section 15-30-302, MCA, is amended to read:

"15-30-302. Oaths administered by director of revenue and designated employees. The director and each employee designated by him the director may administer an oath to any person or take the acknowledgment of any person in respect to any report or return required by or pursuant to this chapter or by the rules of the department."

Section 171. Section 15-30-307, MCA, is amended to read:

"15-30-307. Closing agreements. (1) The director of revenue or any person authorized in writing by him the director is authorized to enter into an agreement with any person relating to the liability of such the person in respect to the tax imposed by this chapter for any taxable tax period.

(2) Any such An agreement shall be described in subsection (1) is final and conclusive and, except upon a showing of fraud or malfeasance or misrepresentation of a material fact:

(a) the case may not be reopened as to matters agreed upon or the agreement modified by any officer, employee, or agent of this state; and

(b) in any suit, action, or proceeding under such the agreement or any determination, assessment, collection, payment, abatement, refund, or credit made in accordance therewith with the agreement, the agreement may not be annulled, modified, set aside, or disregarded."

Section 172. Section 15-30-314, MCA, is amended to read:

"15-30-314. Stay of enforcement against military personnel. (1) Any such A person described in 15-30-313 may, during his the person's period of military service or within 6 months thereafter, apply to a court for relief in respect of any tax obligation or any tax liability incurred by such the person prior to his the person's period of military service or in respect of any such tax obligation or liability, whether falling due prior to or during his the person's period of military service. Any district court of the state after appropriate notice and hearing, unless in its opinion the ability of the applicant to comply with the terms of such the obligation or liability or to pay such the tax or assessment has not been materially affected by reason of his the person's military service, may grant a stay of the enforcement thereof during the applicant's period of military service and from the date of termination of such the period of military service or from the date of application, if made after such the service, for a period of time equal to the period of military service of the applicant or any part of such that period,. The stay is subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of such the period of military service or from the date of application, as the case may be, in equal periodic installments during such the extended period at such the rate of interest as that may be prescribed for such the tax obligation or tax liability or assessment if paid when due and subject to such other terms as that may be just.

(2) When any a court has granted a stay as provided in this section, no a fine or penalty shall may not accrue during the period the terms and conditions of such the stay are complied with by reason of the failure to comply with the terms or conditions of the tax obligation, tax liability, or assessment in respect of which such the stay was granted."

Section 173. Section 15-30-331, MCA, is amended to read:

"15-30-331. Certified copies of tax returns to taxpayer -- fee. (1) Certified copies of returns filed for income tax under 15-30-144 may be furnished by the department of revenue to the taxpayer or his the taxpayer's duly authorized representative upon payment of 50 cents for each page.

(2) All moneys money collected under this section shall must be required to reimburse the department for costs involved in the preparation of the copies. All such moneys money collected shall go into must be deposited in the general fund.

(3) The provisions of this section shall apply to all returns on file and all returns to be filed hereafter."

Section 174. Section 15-31-521, MCA, is amended to read:

"15-31-521. Closing agreements. (1) The director of revenue or any person authorized in writing by him the director is authorized to enter into an agreement with any taxpayer relating to the liability of such the taxpayer in respect to the tax imposed by this chapter for any taxable period.

(2) Any such agreement is final and conclusive, and except upon a showing of fraud or malfeasance or misrepresentation of a material fact:

(a) the case may not be reopened as to matters agreed upon or the agreement modified by any officer, employee, or agent of this state; and

Section 175. Section 15-31-523, MCA, is amended to read:

"15-31-523. Suspension or forfeiture on delinquency. (1) If a tax computed and levied hereunder under this chapter is not paid or if a return is not filed before 5 p.m. on the last day of the 11th month after the date of delinquency, the corporate powers, rights, and privileges of the delinquent taxpayer, if it be is a domestic corporation, shall must be suspended, and if the delinquent taxpayer be is a foreign corporation, it shall thereupon forfeit its rights to do intrastate business in this state. Provided that if any If a domestic corporation shall fail fails for a period of 5 consecutive years to either to file a return or to pay the corporation license tax, the department of revenue shall notify such the corporation by mail addressed to the latest address on file in its office that such the corporation will become dissolved if it fails to file all delinquent reports and pay all delinquent corporation license taxes within a period of 60 days from and after the mailing of such the notice. If such the delinquent reports are not made and all delinquent corporation licenses are not paid before the expiration of said the 60-day period, the department shall certify this fact to the secretary of state, and upon receipt of such the certificate, the corporation shall must be dissolved and the secretary of state shall indicate, by his the secretary of state's records, such the dissolution.

(2) The department shall transmit the name of each such corporation described in subsection (1) to the secretary of state, who shall immediately record the same transmission in such a manner that it may be is available to the public. The suspension, forfeiture, or dissolution herein provided for shall in this section become becomes effective immediately when such the record is made, and the certificate of the secretary of state shall be is conclusive evidence of such the suspension, forfeiture, or dissolution."

Section 176. Section 15-31-524, MCA, is amended to read:

"15-31-524. Reviver of corporation after suspension or forfeiture. Any A corporation which that has suffered the suspension or forfeiture referred to in the preceding section 15-31-523 may be relieved therefrom upon making application therefor in writing supported by a certificate from the department of revenue showing that the required return has been made and filed and/or and that the tax and interest and penalties have been paid, for which the suspension or forfeiture occurred. Application for reviver may be made by any stockholder or creditor of the corporation or by a majority of the surviving trustees or directors;. and the same shall The application must be filed with the secretary of state, for which he shall receive and must be accompanied by a filing and recording fee of $15. In case If the application is made more than 1 year from after the date the suspension or forfeiture occurred, the applicant shall pay twice the amount of the tax and penalties due the state for the taxable tax year with respect to which the suspension or forfeiture occurred. Upon such payment, the secretary of state shall issue a certificate of reviver for which he the secretary of state shall collect a fee of $15, and thereupon upon issuance of the certificate, the applicant shall be is revived. The reviver shall be is without prejudice to any action, defense, or right which that has accrued by reason of the original suspension or forfeiture. The certificate of reviver shall be is prima facie evidence of the reviver. Any A certificate of reviver provided for in this section may be recorded in the office of the county clerk and recorder in any county of this state."

Section 177. Section 15-31-551, MCA, is amended to read:

"15-31-551. Certified copies of corporation license tax returns to taxpayer -- fee. Certified copies of returns filed for corporation license tax under 15-31-111 may be furnished by the department of revenue to the taxpayer or his the taxpayer's duly authorized representative upon payment of 50 cents for each page."

Section 178. Section 15-32-101, MCA, is amended to read:

"15-32-101. Purpose. The purpose of this part is to encourage the use of alternative energy sources and the conservation of energy through incentive programs. Such The incentives are to be made available to the energy user on a basis which that requires him the energy user to take the initiative in obtaining a particular incentive. This part allows but does not require a public utility to extend credit for energy conservation investments."

Section 179. Section 15-32-103, MCA, is amended to read:

"15-32-103. Deduction for energy-conserving investments. (1) In addition to all other deductions from gross corporate income allowed in computing net income under chapter 31, part 1, a taxpayer may deduct a portion of his the taxpayer's expenditure for a capital investment in a building for an energy conservation purpose, in accordance with the following schedule:

If the installation or investment If the installation or investment is made

is made in a residential building: in a building not used as a residence:

100% of first $1,000 expended 100% of first $2,000 expended

50% of next $1,000 expended 50% of next $2,000 expended

20% of next $1,000 expended 20% of next $2,000 expended

10% of next $1,000 expended 10% of next $2,000 expended

(2) This tax treatment is subject to approval of the department, as provided in 15-32-106, and may not be claimed for so much of the expenditure and capital investment as is financed by a state, federal, or private grant for energy conservation."

Section 180. Section 15-33-104, MCA, is amended to read:

"15-33-104. Reporting -- recordkeeping by the department. The chairman presiding officer or president of each small business investment company shall report on a form established by the department on a monthly basis the name of each investor, the amount of the investment made, and the date of investment."

Section 181. Section 15-35-104, MCA, is amended to read:

"15-35-104. Quarterly statement and payment of tax. Each coal mine operator shall compute the severance tax due on each quarter-year's worth of production on forms prescribed by the department. The statement shall must indicate the tonnage produced, the average Btu value of the production, the contract sales price received for the production, and such other information as that the department may require. Each coal mine operator shall provide a statement of the tons of coal sold to each purchaser for the quarter. The completed form in duplicate, with the tax payment, shall must be delivered to the department not later than 30 days following the close of the quarter. The form shall must be signed by the operator if the operator is an individual or by an officer of the coal mine operator if the operator is a business entity. A person operating more than one coal mine in this state may include all of his the person's mines in one statement. The department may grant a reasonable extension of time for filing statements and payment of taxes due upon good cause shown therefor."

Section 182. Section 15-44-102, MCA, is amended to read:

"15-44-102. Definitions. For the purposes of this part, unless the context requires otherwise, the following definitions apply:

(1) "Culmination of mean annual increment" means the point of optimum net wood production on an acre of forest land.

(2) "Cultivated Christmas trees" means Christmas trees that are grown on land prepared by intensive cultivation and tilling, such as by plowing or turning over the soil, and on which all unwanted plant growth is controlled for the exclusive purpose of raising Christmas trees.

(3) "Department" means the department of revenue.

(4) "Forest" means forest land and the timber on the land.

(5) "Forest land" means contiguous land of 15 acres or more in one ownership that is capable of producing timber that can be harvested in commercial quantity and is producing timber unless the trees have been removed by man through harvest, including clearcuts, or by natural disaster, including but not limited to fire. Forest land includes land:

(a) that has not been converted to another use; and

(b) on which the annual net wood production equals or exceeds 25 cubic feet an acre at the culmination of mean annual increment.

(6) "Forest productivity value" means the value of forest land for assessment purposes, which value is determined only on the basis of its potential to produce timber, other forest products, and associated agricultural products through an income approach provided for in 15-44-103.

(7) "Harvest" means an activity related to the cutting or removal of timber for use or sale as a forest product.

(8) "Landowner" means an individual, corporation, association, company, firm, joint venture, syndicate, or trust.

(9) "Mean annual net wood production" means the average net usable volume of wood that 1 acre of forest land will grow in 1 year under average current and actual forest conditions and under current and reasonable management practices for each forest valuation zone established under 15-44-103.

(10) "Stumpage value" means the amount that timber would sell for under an arm's-length transaction made in the ordinary course of business, expressed in terms of dollars per unit of measure.

(11) (a) "Timber" means all wood growth on privately owned land, mature or immature, alive or dead, standing or down, that is capable of furnishing raw material used in the manufacture of lumber or other forest products.

(b) The term does not include cultivated Christmas trees."

Section 183. Section 15-59-105, MCA, is amended to read:

"15-59-105. Quarterly statement and payment of tax. (1) Each person must shall, within 30 days after the end of each quarter, make out on forms prescribed by the department of revenue, and deliver to the department a statement showing the total number of tons of cement or gypsum produced by such the person or used by him the person in the manufacture of the respective articles or products enumerated in 15-59-101(2) and 15-59-102 or imported by such the person into the state of Montana for sale or use during each month of such the quarter and during the whole quarter and such other information as that the department may require, together with the total amount due to the state as license taxes for such the quarter.

(2) Such The annual license tax as imposed by 15-59-102 shall must be paid in quarterly installments for the quarters ending, respectively, March 31, June 30, September 30, and December 31 of each year, and the amount of such the license tax due for each such quarter shall must be paid to the department within 30 days after the end of each such quarter and at the same time such the statement is delivered to the department.

(3) Any such person engaged in carrying on such a cement production business at more than one place or operating more than one factory or plant in this state may include all thereof locations in one statement.

(4) The department may grant a reasonable extension of time for filing statements and payment of taxes due upon good cause shown therefor."

Section 184. Section 15-60-207, MCA, is amended to read:

"15-60-207. (Temporary) Closing agreements. (1) The director of the department or any person authorized in writing by him the director is authorized to enter into an agreement with any facility relating to the liability of the facility in respect to the fees imposed by this chapter for any period.

(2) An agreement under this section is final and conclusive, and except upon a showing of fraud or malfeasance or misrepresentation of a material fact:

(a) the case may not be reopened as to matters agreed upon or the agreement modified by any officer, employee, or agent of this state; and

(b) in any suit, action, or proceeding under the agreement or any determination, assessment, collection, payment, abatement, refund, or credit made in accordance with the agreement, the agreement may not be annulled, modified, set aside, or disregarded. (Void on occurrence of contingency--sec. 18, Ch. 746, L. 1991--see chapter compiler's comment.)"

Section 185. Section 15-70-232, MCA, is amended to read:

"15-70-232. Penalties. Any distributor or other person who fails, neglects, or refuses to make and file the statements required by this part in the manner or within the time provided or who shall be is delinquent in the payment of any license tax imposed by this part or who shall make makes any false statement with reference to his the distributor's or person's business or who shall make makes any false statement on any claim for refund or who violates any provision of the part shall is, in addition to any other penalties imposed, be deemed guilty of a misdemeanor and upon conviction shall be fined in any amount not exceeding $1,000 or be imprisoned in the county jail for not to exceed 6 months, or shall be punished by the imposition of both such fine and imprisonment."

Section 186. Section 16-1-203, MCA, is amended to read:

"16-1-203. Health professions exemption. A physician, dentist, veterinarian, or pharmacist, acting within the scope of his the individual's professional responsibility and license to practice, who prescribes, prepares, or administers alcohol or substances containing alcohol and sells or charges a fee does not violate the prohibitions of this code."

Section 187. Section 16-1-204, MCA, is amended to read:

"16-1-204. Licensed hospital or health care facility. Any person in charge of an institution regularly conducted as a licensed hospital or health care facility may administer alcoholic beverages purchased by him the person to any patient or inmate of the institution and may charge for the alcoholic beverages so administered."

Section 188. Section 16-3-105, MCA, is amended to read:

"16-3-105. Restrictions on alcoholic beverages in hotels. Except in the case of alcoholic beverages kept or consumed in premises for which a license has been granted under the law and which that form a part of a hotel, no a person shall may not:

(1) keep or consume alcoholic beverages in any part of a hotel other than a private guest room;

(2) keep or have any alcoholic beverage in any room in a hotel unless he the person is a bona fide guest of the hotel and is duly registered in the office of the hotel as an occupant of that room."

Section 189. Section 16-3-212, MCA, is amended to read:

"16-3-212. Brewers' or beer importers' sales to wholesalers lawful. It shall be lawful for any A licensed brewer to may sell or deliver beer manufactured by him the brewer to any licensed wholesaler. It shall be lawful for any A licensed beer importer to may sell or deliver beer imported by him the importer to any licensed wholesaler."

Section 190. Section 16-3-223, MCA, is amended to read:

"16-3-223. Transfer of wholesaler's interest in business. A wholesaler shall have the right to may sell or transfer his the business or an interest in his the business to any person or to one or more members of his the wholesaler's family or heirs or legatees, whether the wholesaler operates as an individual, a partnership, or corporation. Provided, however However, the consent of the brewer or beer importer in writing is required for such the transferee to continue as a wholesaler of said the brewer or beer importer,. which The consent shall must consider the personal, financial, and managerial responsibilities and capabilities of such the transferee, and which the consent shall may not unreasonably be withheld."

Section 191. Section 16-3-231, MCA, is amended to read:

"16-3-231. Monthly report of wholesaler. Every wholesaler licensed to do business in this state shall, on or before the 15th day of each month, in the manner and form as shall be prescribed by the department, make an exact return to the department of the amount of beer manufactured in this state sold and delivered by him the wholesaler and also of the amount of beer manufactured in places outside of the state sold and delivered by him the wholesaler during the previous month and of his the wholesaler's inventory. The department shall have the right may at any time to make an examination of the wholesaler's books and of his premises and otherwise check the accuracy of such the return or to check the alcoholic content of beer which he may have on hand."

Section 192. Section 16-3-232, MCA, is amended to read:

"16-3-232. Beer sales by wholesaler. It shall be lawful for any A wholesaler to may sell and deliver beer purchased or acquired by him the wholesaler to a wholesaler, retailer, or to a common carrier, holding and having a license licensed under this code."

Section 193. Section 16-3-233, MCA, is amended to read:

"16-3-233. Sales to public by wholesaler unlawful. It shall be unlawful for any A wholesaler to may not give, sell, deliver, or distribute any beer purchased or acquired by him the wholesaler to the public."

Section 194. Section 16-3-242, MCA, is amended to read:

"16-3-242. Financial interest in retailers prohibited. No A brewer, beer importer, or wholesaler shall may not advance or loan money to or furnish money for or pay for or on behalf of any retailer any license or tax which that may be required to be paid for any retailer,. and no A brewer, beer importer, or wholesaler shall may not be financially interested, either directly or indirectly, in the conduct or operation of the business of a retailer. A brewer, beer importer, or wholesaler shall be deemed is considered to have such a financial interest within the meaning of this section if:

(1) such the brewer, beer importer, or wholesaler owns or holds any interest in or a lien or mortgage against the retailer or his the retailer's premises;

(2) such the brewer, beer importer, or wholesaler is under any contract with a retailer concerning future purchases and/or or the sale of merchandise by one from or to the other; or

(3) any retailer holds an interest, as a stockholder or otherwise, in the business of the wholesaler."

Section 195. Section 16-3-302, MCA, is amended to read:

"16-3-302. Sale by retailer for consumption on premises. (1) It is lawful for a licensed retailer to sell and serve beer, either on draught or in containers, to the public to be consumed on the premises of the retailer.

(2) It is lawful for a licensee who has an all-beverages license that he the licensee uses at a golf course to sell alcoholic beverages and for a licensee who has a golf course beer and wine license issued under 16-4-109 to sell beer and wine:

(a) in the building or other structural premises constituting the clubhouse or primary indoor recreational quarters of the golf course; and

(b) at any place within the boundaries of the golf course, from a portable satellite vehicle or other movable satellite device that is moved from place to place, whether inside or outside of a building or other structure.

(3) It is lawful to consume alcoholic beverages sold as provided in subsection (2) at any place within the boundaries of the golf course, whether inside or outside of a building or other structure."

Section 196. Section 16-3-306, MCA, is amended to read:

"16-3-306. Proximity to churches and schools restricted. (1) Except as provided in subsections (2) through (4), no a retail license may not be issued pursuant to this code to any business or enterprise whose premises are within 600 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school other than a commercially operated or postsecondary school. This distance shall must be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the licensee's premises. This section is a limitation upon the department's licensing authority.

(2) However, the department may renew a license for any establishment located in violation of this section if the licensee does not relocate his entrances an entrance any closer than the existing entrances and if the establishment:

(a) was located on the site before the place of worship or school opened; or

(b) was located in a bona fide hotel, restaurant, or fraternal organization building at the site since January 1, 1937.

(3) Subsection (1) does not apply to licenses for the sale of beer, table wine, or both in the original package for off-premises consumption.

(4) Subsection (1) does not apply within the applicable jurisdiction of a local government that has supplanted the provisions of subsection (1) as provided in 16-3-309."

Section 197. Section 16-3-406, MCA, is amended to read:

"16-3-406. Financial interest in retailers prohibited. (1) No A winery or table wine distributor shall may not advance or loan money to, or furnish money for, or pay for or on behalf of any retailer, any license or tax which that may be required to be paid by any retailer, and no a winery or table wine distributor shall may not be financially interested, either directly or indirectly, in the conduct or operation of the business of a retailer.

(2) A winery or table wine distributor shall be deemed is considered to have such a financial interest if:

(a) such the winery or table wine distributor owns or holds any interest in or a lien or mortgage against the retailer or his the retailer's premises; or

(b) such the winery or table wine distributor is under any contract with a retailer concerning future purchases and/or or the sale of merchandise by one from or to the other; or

(c) such the table wine distributor extends more than 7 days' credit to a retail licensee or furnishes to any retail licensee any furniture, fixtures, or equipment to be used in the dispensation or sale of table wine; or

(d) any retailer holds an interest as a stockholder, or otherwise, in the business of the table wine distributor."

Section 198. Section 16-4-104, MCA, is amended to read:

"16-4-104. Beer retailer's license -- application and issuance -- check of alcoholic content by department. (1) Any person desiring to possess and have beer for the purpose of retail sale under the provisions of this code for the purpose of selling it at retail shall first apply to the department for a permit to do so and tender submit with such the application the license fee provided for.

(2) Upon being satisfied, from such the application or otherwise, that the applicant is qualified as provided, the department shall issue a license to such the person,. which The license shall must at all times be prominently displayed in the place of business of the applicant person.

(3) If the department shall find finds that the applicant is not qualified, no a license shall may not be granted and the license fee tendered shall must be returned by the department.

(4) The department shall have the right and is hereby given authority to make may, at any time, an examination of examine the books of account and the premises of any such licensed retailer and of his premises and otherwise check his the retailer's methods of conducting business and the alcoholic content of the beer kept by him for sale.

(5) A person may not sell beer at retail without a valid license issued under this code."

Section 199. Section 16-4-108, MCA, is amended to read:

"16-4-108. Table wine distributor's license. (1) Any person desiring to sell and distribute table wine at wholesale to retailers under the provisions of this code shall apply to the department of revenue for a license to do so and shall tender submit with his the application the annual license fee of $400. and the The department may issue licenses to qualified applicants in accordance with the provisions of this code.

(2) All table wine distributors' licenses issued in any year expire on June 30 of that year at midnight of such year.

(3) No A license fee may not be imposed upon table wine distributors by a municipality or any other political subdivision of the state.

(4) The license shall must be at all times prominently displayed in the place of business of such the table wine distributor.

(5) An applicant shall must have a fixed place of business, sufficient capital, the facilities, storehouse, and receiving house or warehouse for the receiving, storage, handling, and moving of table wine in large and jobbing quantities for distribution and sale in original packages to other licensed table wine distributors or licensed retailers. Each table wine distributor is entitled to only one wholesale table wine license, which license shall must be issued for his the distributor's principal place of business in Montana. A duplicate license may be issued for one subwarehouse only in Montana for each table wine distributor's license. The duplicate license shall must at all times be prominently displayed at said the subwarehouse. A table wine distributor may also hold a license to sell beer at wholesale but shall may not hold or have any interest, direct or indirect, in any license to sell beer, table wine, or liquor at retail.

(6) If the applicant is a foreign corporation, the corporation must be authorized to do business in Montana.

(7) As used in subsection (1), "distribute" has the meaning given to it provided in 16-3-218."

Section 200. Section 16-4-110, MCA, is amended to read:

"16-4-110. Beer license for tribal alcoholic beverages licensee or enlisted men's personnel, noncommissioned officers', or officers' club. (1) Upon application and qualification, the department shall issue a license to sell beer for consumption on the premises to:

(a) a tribal alcoholic beverages licensee who operates such the business within the exterior boundaries of a Montana Indian reservation under a tribal license issued prior to January 1, 1985;

(b) an enlisted men's personnel, noncommissioned officers', or officers' club located on a state or federal military reservation in Montana on May 13, 1985.

(2) A license issued under the provisions of subsection (1) is not subject to the quota limitations of 16-4-105.

(3) Upon application and approval by the department, a license issued under subsection (1)(a) may be transferred to another qualified applicant, but only to a location within the quota area and the exterior boundaries of the Montana Indian reservation for which the license was originally issued.

(4) A license issued under this section is subject to all statutes and rules governing licenses to sell beer at retail for on-premises consumption."

Section 201. Section 16-4-201, MCA, is amended to read:

"16-4-201. All-beverages license quota. (1) Except as otherwise provided by law, a license to sell liquor, beer, and table wine at retail, an all-beverages license, in accordance with the provisions of this code and the rules of the department, may be issued to any person who is approved by the department as a fit and proper person to sell alcoholic beverages, except that the number of all-beverages licenses that the department may issue for premises situated within incorporated cities and incorporated towns and within a distance of 5 miles from the corporate limits of those cities and towns must be determined on the basis of population prescribed in 16-4-502 as follows:

(a) in incorporated towns of 500 inhabitants or less and within a distance of 5 miles from the corporate limits of the towns, not more than two retail licenses;

(b) in incorporated cities or incorporated towns of more than 500 inhabitants and not over 3,000 inhabitants and within a distance of 5 miles from the corporate limits of the cities and towns, three retail licenses for the first 1,000 inhabitants and one retail license for each additional 1,000 inhabitants;

(c) in incorporated cities of over 3,000 inhabitants and within a distance of 5 miles from the corporate limits of the cities, five retail licenses for the first 3,000 inhabitants and one retail license for each additional 1,500 inhabitants.

(2) The number of the inhabitants in cities and towns, exclusive of the number of inhabitants residing within a distance of 5 miles from the corporate limits of the cities or towns, governs the number of retail licenses that may be issued for use within the cities and towns and within a distance of 5 miles from the corporate limits of the cities or towns. If two or more incorporated municipalities are situated within a distance of 5 miles from each other, the total number of retail licenses that may be issued for use in both of the municipalities and within a distance of 5 miles from their respective corporate limits must be determined on the basis of the combined populations of both of the municipalities and may not exceed the limitations in subsection (1) or this subsection. The distance of 5 miles from the corporate limits of any incorporated city or incorporated town must be measured in a straight line from the nearest entrance of the premises proposed for licensing to the nearest corporate boundary of the city or town.

(3) Retail all-beverages licenses of issue on March 7, 1947, and all-beverages licenses issued under 16-4-209, which that are in excess of the limitations in subsections (1) and (2) must be are renewable, but new licenses may not be issued in violation of the limitations.

(4) The limitations in subsections (1) and (2) do not prevent the issuance of a nontransferable and nonassignable, (as to ownership only), retail license to an enlisted men's personnel, noncommissioned officers', or officers' club located on a state or federal military reservation on May 13, 1985, or to any post of a nationally chartered veterans' organization or any lodge of a recognized national fraternal organization if the veterans' or fraternal organization has been in existence for a period of 5 years or more prior to January 1, 1949.

(5) The number of retail all-beverages licenses that the department may issue for use at premises situated outside of any incorporated city or incorporated town and outside of the area within a distance of 5 miles from the corporate limits of a city or town may not be more than one license for each 750 population of the county after excluding the population of incorporated cities and incorporated towns in the county.

(6) An all-beverages license issued under subsection (5) that becomes located within 5 miles of an incorporated city or town because of annexation after April 15, 2005, may not be transferred to another location within the city quota area for 5 years from the date of annexation."

Section 202. Section 16-4-209, MCA, is amended to read:

"16-4-209. All-beverages license for tribal alcoholic beverages licensee or enlisted men's personnel, noncommissioned officers', or officers' club. (1) Upon application and qualification, the department shall issue an all-beverages license to:

(a) a tribal alcoholic beverages licensee who operates such the business within the exterior boundaries of a Montana Indian reservation under a tribal license issued prior to January 1, 1985;

(b) an enlisted men's personnel, noncommissioned officers', or officers' club located on a state or federal military reservation in Montana on May 13, 1985.

(2) A license issued under the provisions of subsection (1) is not subject to the quota limitations of 16-4-201.

(3) Upon application and approval by the department, a license issued under subsection (1)(a) may be transferred to another qualified applicant, but such the license may only be transferred only to a location within the quota area and the exterior boundaries of the Montana Indian reservation for which the license was originally issued.

(4) A license issued under this section is subject to all statutes and rules governing all-beverages licenses."

Section 203. Section 16-6-105, MCA, is amended to read:

"16-6-105. Seizure and forfeiture of alcoholic beverage and conveyance. Whenever an investigator or any peace officer in making or attempting to make a search under and in pursuance of authority of law shall find finds in any motor vehicle, vessel, boat, canoe, or conveyance of any description an alcoholic beverage which that is unlawfully kept or had or kept or held for unlawful purposes contrary to the provisions of this code, he the investigator or peace officer may forthwith seize the alcoholic beverage and packages in which the same is alcoholic beverage is contained and the motor vehicle, vessel, boat, canoe, or conveyance in which the alcoholic beverage is found. Upon the conviction of the occupant or person in charge of the motor vehicle, vessel, boat, canoe, or conveyance, or of any other person, for having or keeping such the alcoholic beverages contrary to any of the provisions of this code in any such vehicle, vessel, boat, canoe, or conveyance, the court in which the conviction of any such person is had convicted may, in addition to the sentence imposed under authority of law, declare the alcoholic beverage or any part thereof so seized and the package in which the same alcoholic beverage is contained to be forfeited to the state of Montana. The court may in and by decree further declare the motor vehicle, vessel, boat, canoe, or conveyance seized to be forfeited to the state of Montana."

Section 204. Section 16-6-205, MCA, is amended to read:

"16-6-205. Sufficiency of evidence. In any prosecution under this code for the sale or keeping for sale or other disposal of alcoholic beverages or the having, keeping, giving, purchasing, or consuming of alcoholic beverages, it shall is not be necessary that any witness should depose testify to the precise description or quantity of the alcoholic beverages sold, disposed of, kept, had, given, purchased, or consumed or the precise consideration, (if any), received therefor for the alcoholic beverages. or to It is also unnecessary to testify to the fact of the sale or other disposal having taken place with his the witness's participation or to his the witness's own personal or certain knowledge;. but However, a conviction may be based upon circumstantial evidence reasonably tending to establish the guilt of the accused beyond a reasonable doubt."

Section 205. Section 16-6-207, MCA, is amended to read:

"16-6-207. Analyst's report as prima facie evidence of contents. In any prosecution under this code or the rules made thereunder adopted to implement this code, production by a police officer, policeman, constable, inspector, or peace officer of a certificate or report signed or purporting to be signed by a United States or state analyst as to the analysis or ingredients of any alcoholic beverage or other fluid or any preparation, compound, or substance, such the certificate or report shall be is prima facie evidence of the facts stated in such the certificate or report and of the authority of the person giving or making the same certificate or report without any proof of appointment or signature."

Section 206. Section 16-6-209, MCA, is amended to read:

"16-6-209. Inferences of fact from evidence found. Upon the hearing of any charge of selling or purchasing an alcoholic beverage or of unlawfully having or keeping an alcoholic beverage contrary to any of the provisions of this code, the court trying the case shall have the right to may draw inferences of fact from the kind and quantity of alcoholic beverage found in the possession of the person accused or in any building, premises, vehicle, motorcar, automobile, vessel, boat, canoe, conveyance, or place occupied or controlled by him the accused and from the frequency with which the alcoholic beverage is received thereat at or therein in or is removed therefrom from the location and from the circumstances under which it is the alcoholic beverage is kept or dealt with."

Section 207. Section 16-6-309, MCA, is amended to read:

"16-6-309. Alcoholic beverages administered to institution inmates. No An alcoholic beverage shall may not be administered by any person under 16-1-204 except to bona fide patients or inmates of the institution of which he the person is in charge, and every person in charge of an institution who administers alcoholic beverages in evasion or violation of this code shall be is guilty of an offense against this code."

Section 208. Section 16-6-313, MCA, is amended to read:

"16-6-313. Injunction actions. An action to enjoin any nuisance defined in this code may be brought in the name of the state of Montana by the attorney general of the state or by any county attorney. Such The action shall must be brought and tried as an action in equity and may be brought in any court having jurisdiction to hear and determine equity cases. If it is made to appear appears, by affidavits or otherwise, to the satisfaction of the court or judge in vacation that such the nuisance exists, a temporary writ of injunction shall forthwith issue must be issued restraining the defendant from conducting or permitting the continuance of such the nuisance until the conclusion of the trial. If a temporary injunction is prayed for sought, the court may issue an order restraining the defendant and all other persons from removing or in any way interfering with the fixtures or other things used in connection with the violation of this code constituting such the nuisance. No A bond shall may not be required in instituting such the proceedings. It shall not be necessary for the The court is not required to find that the property involved was being unlawfully used at the time of the hearing, but on finding that the material allegations of the petition are true, the court shall order that no alcoholic beverages shall may not be manufactured, sold, or bartered in such the room, house, building, boat, vehicle, structure, or place or any part thereof of those locations. Upon judgment of the court ordering such the nuisance to be abated, the court may order that the room, house, building, structure, boat, vehicle, structure, or place shall may not be occupied or used for 1 year thereafter. The court may, in its discretion, permit it the location to be occupied or used if the owner, lessee, tenant, or occupant thereof shall give gives a bond with sufficient surety, to be approved by the court making the order, in the penal and liquidated sum of not less than $500 or more than $1,000, payable to the state of Montana and conditioned that alcoholic beverages will not thereafter be manufactured, sold, or bartered therein or thereon at the location and that he the person will pay all fines, costs, and damages that may be assessed for any violations of this code upon said the property."

Section 209. Section 16-10-203, MCA, is amended to read:

"16-10-203. Sales to meet competition permitted. (1) (a) Any A retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article at cost to him the competitor as a retailer as prescribed in this chapter.

(b) Any wholesaler may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to him the competitor as a wholesaler as prescribed in this chapter.

(c) The price of cigarettes advertised, offered for sale, or sold under the exceptions specified in 16-10-304 shall may not be considered the price of a competitor and shall may not be used as a basis for establishing prices below cost, nor shall and the price established at a bankrupt bankruptcy sale may not be considered the price of a competitor within the purview of this section.

(2) In the absence of proof of the "price of a competitor" under this section, the "lowest cost to the retailer" or the "lowest cost to the wholesaler", as the case may be, determined by any "cost survey" made pursuant to 16-10-303, may be considered to be the "price of a competitor" within the meaning of this section."

Section 210. Section 16-11-134, MCA, is amended to read:

"16-11-134. Forged license stamp or insignia. Every A person who shall make, alter, forge, or counterfeit makes, alters, forges, or counterfeits any license stamp or insignia provided for in this law, or who shall assist or be assists or is concerned therein in the creation of the stamp or insignia, or who shall have has in his the person's possession any altered, forged, counterfeit, or spurious stamp, license, or insignia with intent to defraud the state is guilty of forgery."

Section 211. Section 17-1-103, MCA, is amended to read:

"17-1-103. Assistance to legislature. (1) The department shall make all reports and submit all information and data the legislature requests and, when requested, attend all meetings of the appropriations committee of the house of representatives and of the finance and claims committee of the senate.

(2) The department shall, during the consideration of appropriation measures by the house and senate, devote so as much of its time as may be required by the above-named committees, under the direction of the respective chairmen presiding officers of the committees."

Section 212. Section 17-1-112, MCA, is amended to read:

"17-1-112. Access to offices. The state treasurer shall have has full access to all offices of the state for inspection of such books, papers, and accounts thereof as that concern his the state treasurer's duties."

Section 213. Section 17-1-131, MCA, is amended to read:

"17-1-131. General duties of budget director. (1) The budget director in addition to the duties set forth in Title 17, chapter 7, of this title shall perform such other duties as that the governor as chief budget officer of the state may direct.

(2) He The budget director shall, as often as requested by the governor, prepare and furnish reports to the governor concerning appropriations made by the legislature and the receipts and disbursements made by any department, office, or institution of the state.

(3) The budget director shall must be available to all standing committees of the house of representatives and the senate concerned with appropriations, revenue, finance, and claims and shall furnish to such the committees any information required while said the committees are considering the budget."

Section 214. Section 17-5-715, MCA, is amended to read:

"17-5-715. Signatures of board members. In case If any member of the board of examiners whose signature appears on bonds, notes, or coupons issued under this part ceases to be a member before the delivery of the bonds or notes, his the member's signature is nevertheless valid and sufficient for all purposes, the same as if the member had remained in office until delivery."

Section 215. Section 17-5-927, MCA, is amended to read:

"17-5-927. Signatures of board members. In case If any member of the board whose signature appears on bonds or coupons issued under this part ceases to be a member before the delivery of the bonds, his the member's signature is nevertheless valid and sufficient for all purposes as if the member had remained in office until delivery."

Section 216. Section 17-5-1516, MCA, is amended to read:

"17-5-1516. Maintenance of capital reserve account. (1) In order to assure ensure the maintenance of the capital reserve account, the chairman presiding officer of the board shall, on or before September 1 in each year preceding the convening of the legislature, deliver to the governor a certificate stating the sum, if any, required to restore the capital reserve account to the minimum capital reserve requirement. The governor shall include in the executive budget submitted to the legislature the sum required to restore the capital reserve account to the sum of minimum capital reserve requirement. All sums appropriated by the legislature shall must be deposited in the capital reserve account.

(2) All amounts appropriated to the board under this section constitute advances to the board and, subject to the rights of the holders of any bonds or notes of the board, must be repaid to the state general fund without interest from available operating revenues revenue of the board in excess of amounts required for the payment of bonds, notes, or other obligations of the board, for maintenance of the capital reserve account, and for operating expenses."

Section 217. Section 17-6-204, MCA, is amended to read:

"17-6-204. Investment of local government funds. (1) The governing body of any city, county, school district, or other local government unit or political subdivision having that has funds which that are available for investment and are not required by law or by any covenant or agreement with bondholders or others to be segregated and invested in a different manner may direct its treasurer to remit such the funds to the state treasurer for investment under the direction of the board of investments as part of the pooled investment fund.

(2) A separate account, designated by name and number for each such participant in the fund, shall must be kept to record individual transactions and totals of all investments belonging to each participant. A monthly report shall must be furnished to each participant having a beneficial interest in the pooled investment fund, showing the changes in investments made during the preceding month. Details of any investment transaction shall must be furnished to any participant upon request.

(3) The principal and accrued income, and any part thereof of that amount, of each and every account maintained for a participant in the pooled investment fund shall be is subject to payment at any time from the fund upon request. Accumulated income shall must be remitted to each participant at least annually.

(4) No An order or warrant shall may not be issued upon any account for a larger amount than the principal and accrued income of the account to which it applies, and if. If any such order or warrant is issued, the participant receiving it shall reimburse the excess amount to the fund from any funds not otherwise appropriated, and the. The state treasurer shall be is liable under his the treasurer's official bond for any amount not so reimbursed."

Section 218. Section 17-6-213, MCA, is amended to read:

"17-6-213. Redemption of bonds before maturity. (1) The board of investments shall permit any school district, town, city, or county to pay and redeem one or more of its bonds held by the state for the credit of any fund under the investment administration of the board of investments at any time before maturity.

(2) In calculating the unpaid interest accrued on any bond or bonds at the time of payment and redemption, interest for a fractional month shall must be calculated and collected for a full month.

(3) Payment and redemption of bonds shall must be made at the office of the state treasurer unless the bonds by their own terms and provisions are made payable at some other place and payment at his that office would be disadvantageous to the redemptioner. When bonds have been so paid and redeemed, the state treasurer shall effectually cancel the bonds and the attached coupons by perforation or otherwise and mail them to the proper treasurer together with his the state treasurer's receipt.

(4) This section does not authorize or permit any school district, town, city, or county to issue refunding bonds for the purpose of paying and redeeming any bond or bonds held by the state before the optional or redeemable date therein stated of the bonds or to grant the right to pay any bond or bonds held by the state before the optional or redeemable date from the proceeds of refunding bonds."

Section 219. Section 17-7-113, MCA, is amended to read:

"17-7-113. Inquiries and investigations by budget director. The budget director or his the budget director's designated representative shall make such further inquiries and investigations as he that the budget director considers necessary as to any item included in the report and estimates furnished by any department, agency, or institution. In making such the investigations, he shall the budget director be is allowed his travel expenses, as provided for in 2-18-501 through 2-18-503, as amended, in visiting any institution or department in the state."

Section 220. Section 17-8-104, MCA, is amended to read:

"17-8-104. Civil penalties and remedies for violation. (1) (a) Any authority or member of a board of trustees or any person, officer, or employee violating the provisions of 17-8-103(1) is personally liable and the surety or sureties on his that individual's bond shall is also be liable to the state for the amount of the excess thus unlawfully expended. An action under this subsection (1)(a) may be brought upon complaint of the attorney general, of the legislature by joint resolution, of the legislative finance committee, or of any taxpayer, filed in a district court of this state.

(b) Any authority or member of a board of trustees or any person, officer, or employee violating the provisions of 17-8-103(1) is guilty of misfeasance in office and shall be guilty of wrongdoing and shall be is subject to removal from office or from such employment. An action under this subsection (1)(b) may be brought upon complaint of the attorney general, the legislature by joint resolution, or any taxpayer, filed in a district court of this state.

(2) Complaints under subsections (1)(a) and (1)(b) may be combined in a single action.

(3) Remedies and penalties provided by this section may be pursued singly or in any combination."

Section 221. Section 17-8-308, MCA, is amended to read:

"17-8-308. Payment of interest -- land grant warrants. The interest on all land grant warrants shall be is payable on July 1 next succeeding following the date of issue and annually thereafter after that date. Whenever there is sufficient money in any of the land grant funds to pay outstanding warrants or interest thereon on the warrants, the treasurer shall cause to be published a brief notice that said the warrants or the interest on particular warrants on which interest would be payable on July 1, describing them by numbers and names of funds, will be forthwith payable;. and on Upon the presentation of any such warrants on or at any time after July 1, the treasurer shall pay the interest thereon on the warrants, endorsing the date of payment and amount paid of each warrant, and returning the same warrant to the holder, and he. The treasurer shall keep a register showing the dates and amounts of each interest payment on each warrant in each fund. If any warrants are called for payment, interest thereon shall cease on the warrants ceases on the date fixed in said the notice."

Section 222. Section 18-1-402, MCA, is amended to read:

"18-1-402. Administrative procedures -- exhaustion -- time limitations. Whenever any contracting agency of the state of Montana provides a procedure for the settlement of any question or dispute arising between the contractor and said the agency, the contractor, before proceeding to bring an action in court under the provisions of this part, must shall resort to such the procedure within the time specified in his the contract or, if no a time is not specified, within 90 days after the question or dispute has arisen, provided:

(1) in the a case where in which a settlement procedure is provided by said the contracting agency, all actions authorized hereunder under this section must be commenced within 1 year after a final decision has been rendered pursuant to such the settlement procedure; and

(2) in the a case where no in which a settlement procedure is not provided by said the contracting agency, the action must be commenced by the contractor within 1 year after the cause of action has arisen."

Section 223. Section 18-1-403, MCA, is amended to read:

"18-1-403. Stipulations restricting enforcement void. Every stipulation or condition in a contract by which any party thereto is restricted from enforcing his the party's rights under the provisions of this part is void."

Section 224. Section 18-2-204, MCA, is amended to read:

"18-2-204. Right of action on security -- notice. (1) All persons mentioned in 18-2-201 have a right of action in their own name or names on any security furnished under the terms of this part for work done by the laborers or mechanics and for provender food, materials, supplies, provisions, or goods supplied and furnished in the work or the making of the improvements. The persons do not have any right of action on the security unless within 90 days after the completion of the contract with an acceptance of the work by the affirmative action of the board, council, commission, trustees, officer, or body acting for the state, county, or municipality or other public body, city, town, or district, the laborer, mechanic or subcontractor, or materialman material supplier or person claiming to have supplied provender food, materials, provisions, or goods for the prosecution performance of the work or the making of the improvement presents to and files with the board, council, commission, trustees, or body acting for the state, county, or municipality or other public body, city, town, or district a notice in writing in substance as follows:

"TO (here insert the name of the state, county, or municipality or other public body, city, town, or district):

NOTICE IS HEREBY GIVEN that the undersigned (here insert the name of the laborer, mechanic or subcontractor, or materialman material supplier or person claiming to have furnished labor, materials, or provisions for the contract or work) has a claim in the sum of .... dollars (here insert the amount) against the security taken from .... (here insert the name of the principal and name of the person providing the security) for the work of .... (here insert a brief mention or description of the work concerning which the security was taken). (Here to be signed) ...."

(2) The notice must be signed by the person or corporation making the claim or giving the notice. After being presented and filed, the notice is a public record open to inspection by any person."

Section 225. Section 18-2-424, MCA, is amended to read:

"18-2-424. Enforcement. If a contractor or a subcontractor refuses to submit payroll records requested by the department pursuant to 18-2-423, the commissioner or his the commissioner's authorized representative may issue subpoenas compelling the production of those records."

Section 226. Section 18-5-204, MCA, is amended to read:

"18-5-204. Department director -- delegating powers. The director of the department may delegate to any employees of the state agency for surplus property such the power and authority as he deems that the director considers reasonable and proper for the effective administration of this part."

Section 227. Section 18-5-411, MCA, is amended to read:

"18-5-411. Administration of vending facilities -- state properties. (1) The department of administration or any other department of state government that administers state property subject to this part shall transfer to the department the management and control of any vending facility that the department has determined is an appropriate facility for the purposes of this part and that the department has determined is needed for the purposes of this part.

(2) A lease or contract for the operation of a vending facility entered into prior to October 1, 1981, is not subject to this part while the lease or contract remains in effect. In addition, this part may not be interpreted to require or authorize the failure to renew any contract for a vending facility on state property in effect on October 1, 1981, if the contract contains a provision permitting the renewal of the contract for a specific term at the option of the vendor or the state or both. In any case where the department determines that a private vendor operating a vending facility on state property on October 1, 1981, who but for this part could reasonably be expected to renew his contract for the vending facility, would be subjected to economic hardship should the contract be allowed to expire at the end of its term, the department may agree to a one-time renewal of that vendor's contract for the vending facility for a period not to exceed 4 years.

(3)(2) The department of administration or any other department of state government that administers state property subject to this part shall give reasonable notice to the department of the expiration or termination of any lease or contract in effect for a vending facility.

(4)(3) Upon receipt of the notice, the department shall give reasonable notice to the department of administration or other department of state government that sent the notice required in subsection (3) (2) stating that the department has determined that the vending facility is either appropriate and needed for the purposes of this part or that it is not.

(5)(4) A state agency administering state property shall consult with the department when planning for a new state building, planning for remodeling of or addition to an existing state building, or negotiating the lease of a building for state use, to determine what vending facilities might be appropriate for the site and plan for such the vending facilities.

(6)(5) The department shall administer those vending facilities which that are determined to be appropriate and necessary."

Section 228. Section 18-11-105, MCA, is amended to read:

"18-11-105. Submission of agreement to attorney general. (1) As a condition precedent to an agreement made under this chapter becoming effective, it must have the approval of the attorney general of Montana.

(2) The attorney general shall approve an agreement submitted to him under this chapter unless he the attorney general finds it that the agreement is not in proper form, or does not meet the requirements set forth in this chapter, or otherwise does not conform to the laws of Montana. If he the attorney general disapproves an agreement, he the attorney general shall provide a detailed, written statement to the governing bodies of the public agency and tribal government concerned, specifying the reasons for his disapproval.

(3) If the attorney general does not disapprove the agreement within 30 days after its submission to him, it shall must be considered approved by him."

Section 229. Section 19-1-301, MCA, is amended to read:

"19-1-301. Authorization of referendum by governor. With respect to members of the public employees', highway patrol officers', judges', and game wardens' and peace officers' retirement systems, the governor is empowered to authorize a referendum, and with respect to the employees of any political subdivision, he the governor shall authorize a referendum upon the request of the governing body of the subdivision."

Section 230. Section 19-1-702, MCA, is amended to read:

"19-1-702. Contributions by state employees. (1) Every employee of the state whose services are covered by an agreement entered into under 19-1-401 and 19-1-402 shall must be required to pay, for the period of such coverage, contributions with respect to wages (as defined in 19-1-102) equal to the amount of employee tax which that would be imposed by the Federal Insurance Contributions Act if such the services constituted employment within the meaning of that act. Such The liability shall arise arises in consideration of the employee's retention in the service of the state, or his entry upon such into service, after February 20, 1953.

(2) The contribution imposed by this section shall must be collected by deducting the amount of the contribution from wages as and when paid, but failure to make such the deduction shall does not relieve the employee from liability for such the contribution.

(3) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any remuneration, proper adjustments or a refund if adjustment is impracticable shall must be made, without interest, in such the manner and at such times as that the state agency shall prescribe prescribes."

Section 231. Section 19-1-705, MCA, is amended to read:

"19-1-705. Deduction of employee contribution by political subdivision. (1) Each political subdivision required to make payment under 19-1-704 shall, in consideration of the employee's retention in or entry upon into employment after February 20, 1953, impose upon each of its employees, as to services which that are covered by an approved plan, a contribution with respect to his wages (as defined in 19-1-102), not exceeding the amount of the employee tax which that would be imposed by the Federal Insurance Contributions Act if such the services constituted employment within the meaning of that act and shall deduct the amount of such the contributions from his wages as and when paid.

(2) Contributions so collected partially discharge the liability of the political subdivision or instrumentality under 19-1-704. Failure to deduct the contribution does not relieve the employee or employer of liability therefor for the contributions."

Section 232. Section 19-2-904, MCA, is amended to read:

"19-2-904. Withholding of group insurance premium from retirement benefit. A retiree who is a participant in an employee group insurance plan which that permits participation in the group plan following retirement may elect to have the monthly premium for such group insurance withheld by the retirement system and paid directly by the system to the insurance carrier. In order to qualify for this withholding, a retiree must be a participant in a group insurance plan available to the employees of his the former employer. No withholding Withholding may not be made for any retiree covered by an individual insurance policy."

Section 233. Section 19-3-202, MCA, is amended to read:

"19-3-202. Request by individual employee for employer to participate. Any employee who has continuously been, for a continuous period of at least 2 years, been an employee of a municipal corporation, county, or other public agency of this state which that is not a contracting employer may advise the legislative body of his the employer, in writing, that he the employee wishes to participate in the retirement system. Within 30 days after receipt of such the written request, the legislative body shall thereupon adopt the resolution of intention and take such action as provided for in 19-3-201."

Section 234. Section 19-9-302, MCA, is amended to read:

"19-9-302. Ineligibility for other retirement plans. No An active member is not eligible to be covered under any other mandatory retirement plan for police service to which an employer is required to contribute on his the member's behalf, except the Social Security Act, while he the member is eligible to be covered by this plan."

Section 235. Section 19-17-406, MCA, is amended to read:

"19-17-406. Termination of pension when no surviving spouse or child. If a deceased volunteer firefighter leaves neither a surviving spouse nor a child under the age of 18 years of age, his the firefighter's pension shall must terminate at the end of the month prior to the month in which his the death occurs."

Section 236. Section 19-18-106, MCA, is amended to read:

"19-18-106. Transfer of money into fund by city treasurer. Whenever a fire department relief association has been formed and the treasurer of the association has furnished the bond required by 19-18-202, the city treasurer shall pay to the treasurer of the association all money held by the city treasurer to the credit of the disability and pension fund, taking a proper receipt therefor for the payment. Thereafter, the The city treasurer shall, as moneys are money is received by him for the credit of the fund or association, turn the same money over to the treasurer of the association, taking proper receipts therefor for the payments."

Section 237. Section 19-18-202, MCA, is amended to read:

"19-18-202. Treasurer's bond. No The treasurer of an association may not enter upon his the duties of office until he the treasurer has given the association a sufficient bond of not less than 50% of the amount of the cash funds and securities of the association for the faithful performance of his the treasurer's duties according to law. The amount of the bond shall must be approved by the association and may not exceed $25,000. The bond shall must be paid for by the association. If the city or town treasurer has been elected ex officio treasurer of the association, his the official bond will cover the faithful discharge of his duties as such the treasurer of the association."

Section 238. Section 19-18-502, MCA, is amended to read:

"19-18-502. Refund of firefighter's contribution. A firefighter is entitled to a refund, in a lump sum and without interest, of all his monthly contributions to the fund, within 60 days after his permanent separation from service in the fire department, except for separation by reason of retirement, death, or disability which that would otherwise qualify him the firefighter or his the firefighter's surviving spouse or children to receive benefits or an allowance from the association. A firefighter who is eligible to receive a partial service pension under 19-18-603 may either elect to take the refund provided for in this section or elect to receive the partial pension."

Section 239. Section 19-18-511, MCA, is amended to read:

"19-18-511. Annual report of clerks of cities having fire departments. On or before April 1 annually, the clerk of every city having an organized fire department or a partly paid or volunteer department shall file with the commissioner of insurance of this state his a certificate stating such that fact,. the The certificate must include the system of water supply in use in such the fire department, the number of its organized companies, steam, hand, or other engines, hook-and-ladder trucks, hose-carts, and feet of hose in actual use, and such other facts as that the commissioner may require."

Section 240. Section 19-18-514, MCA, is amended to read:

"19-18-514. State treasurer to pay warrants. The state treasurer is hereby authorized and directed shall, upon the presentation to him of a warrant drawn pursuant to this chapter, to pay to the treasurer of the city or town, out of moneys money in the state special revenue fund dedicated for such that purpose, the amount of such the warrant specified, which amount shall must be paid by said the city treasurer to said the fire department relief association."

Section 241. Section 19-18-603, MCA, is amended to read:

"19-18-603. Partial service pension. (1) A member of a fire department relief association is eligible to receive a partial service pension if he the member:

(a) has completed at least 10 years of active duty as a fully paid member of a fire department but has not both completed 20 years of service and attained age 50 reached 50 years of age as an active firefighter;

(b) is permanently separated from service on or after July 1, 1977;

(d) does not receive a refund of his the member's contributions under 19-18-502.

(2) The right to receive the pension vests upon the firefighter's permanent separation from service, but the payments may not commence until the date he the firefighter would have both reached his 50th birthday 50 years of age and completed 20 years of service as a member of a fire department had his the member's active duty not been terminated.

(3) The pension shall must be paid out of the disability and pension fund and shall must consist of monthly payments in an amount equal to the number of years of the firefighter's service divided by the number of years of service the firefighter would have had if he the firefighter had remained in active duty as a member of a fire department until the date he the firefighter would have both attained age 50 reached 50 years of age and completed 20 years of service, multiplied by one-half of the sum last received by the firefighter as a monthly compensation, excluding overtime and payments in lieu of sick leave and annual leave, for his services as an active member of the fire department.

(4) If the firefighter dies after he the firefighter is permanently separated from service and before he the firefighter both reaches the age of 50 years of age and would have completed 20 years of service as an active member of a fire department, the payments prescribed in subsection (3) shall must be made to the surviving spouse commencing on the date the firefighter would have both reached his 50th birthday 50 years of age and completed 20 years of service as an active member of a fire department and terminating upon the surviving spouse's death or remarriage. If there is no surviving spouse or the surviving spouse dies or remarries and if the firefighter leaves one or more children who have not reached the age of 18 years of age, the children shall must receive the payments until the youngest reaches the age of 18 years of age.

(5) If the firefighter dies after he both reaches the age of reaching 50 years of age and the date the firefighter would have completed 20 years of service as an active member of a fire department, the payments shall must be made to the surviving spouse or children as provided in subsection (4).

(6) The pension escalation provisions of 19-18-602 do not apply to pensions received under this section."

Section 242. Section 19-18-604, MCA, is amended to read:

"19-18-604. Disability pension. (1) Each association shall pay a disability pension, out of its disability and pension fund, to each of its members who has become disabled by reason of sickness or injury. The pension shall must be equal to one-half of the sum last received by the member as a monthly compensation, excluding overtime and payments in lieu of sick leave and annual leave, for his the member's services to the fire department of the city or town in which the association was formed.

(2) Effective July 1, 1974, a A member who completes 20 years of service and elects to serve additional years shall must receive the pension provided for in subsection (1) increased at the rate of 1% per year for each additional year of service completed, up to a maximum of 60% of the sum last received by the member as a monthly compensation, excluding overtime and payments in lieu of sick leave and annual leave, for his services as an active member of the fire department.

(3) The monthly pension paid to members retiring on or after July 1, 1973, must be at least one-half the regular monthly salary paid to a confirmed active firefighter of that city, as provided each year in the budget of that city. The monthly pension paid to a member retiring prior to July 1, 1974, must be at least $200. In the case of volunteer firefighters, the disability pension may not exceed $125 a month."

Section 243. Section 19-18-605, MCA, is amended to read:

"19-18-605. Pensions to surviving spouses and children. (1) Each association shall pay, out of its disability and pension fund, a monthly pension to the surviving spouse or children of a deceased member of the association who on the date of his death was an active member of the fire department in the city or town in which the association was formed, who had elected to retire from active service in the fire department and receive a service pension as provided for by 19-18-602, or who, prior to death, had suffered a sickness or injury and was receiving or was qualified to receive a disability pension as provided by 19-18-604. The pension shall must be equal to one-half of the last month's salary received as a monthly compensation, excluding overtime and payments in lieu of sick leave and annual leave, by the deceased member for services rendered as an active member of the fire department in the city or town in which the association was formed.

(2) Effective July 1, 1974, if If the deceased member had completed 20 years of service and had elected to serve additional years, the pension provided for in subsection (1) shall must be increased at the rate of 1% per year for each additional year of service completed, up to a maximum of 60% of the last month's salary received as a monthly compensation, excluding overtime and payments in lieu of sick leave and annual leave, by the deceased member for his services as an active member of the fire department.

(3) The monthly pension paid to the surviving spouse or children of an active member who dies after July 1, 1973, or an active member who elects to retire after July 1, 1973, must be at least one-half the regular monthly salary paid to a confirmed active firefighter of that city, as provided each year in the budget of that city. The monthly pension paid to the surviving spouse or children of an active member who died prior to July 1, 1974, or who elected to retire before July 1, 1974, must be at least $200. In the case of a volunteer firefighter, the pension paid to a surviving spouse or children may not exceed the amount provided for a service pension for a volunteer firefighter under 19-18-602(3).

(4) A pension may be paid to the surviving spouse only so as long as such the spouse remains unmarried. A surviving spouse is not entitled to a pension under this section if the marriage was entered into after the firefighter had elected to retire from active service and had begun began to receive a service pension as provided for by 19-18-602 or if the marriage was entered into after the firefighter had qualified for and had begun to receive a disability pension as provided for by 19-18-604. The pension provided for in this section may not be paid to the children of deceased firefighters after they have attained the age of 18 years of age."

Section 244. Section 19-18-607, MCA, is amended to read:

"19-18-607. Payment of death benefits in absence of spouse or child. If a firefighter dies without leaving a surviving spouse or child, the association shall compute the total contributions made to the fund by the deceased member, and if the deceased member had designated a beneficiary in writing to the association, the association shall issue a warrant for the amount of the total contributions payable to that beneficiary. If the deceased member had did not nominated nominate a beneficiary, the contributions shall must be paid to his the member's estate."

Section 245. Section 19-19-302, MCA, is amended to read:

"19-19-302. Officer's contribution deducted from salary. The treasurer of an incorporated city which that has a police retirement fund shall retain from the monthly salary of each police officer on the active list a sum equal to 6% of his the officer's monthly compensation for his services as a police officer, exclusive of overtime and payments made in lieu of sick leave and annual leave. The monthly deduction from the salaries of police officers must be paid into the city's police retirement fund for the purpose of paying the salaries of police officers on the retired list."

Section 246. Section 19-19-303, MCA, is amended to read:

"19-19-303. Refund of officer's contribution. A police officer whose service with the city has been discontinued by other than death or placement upon the retired list shall must be entitled to the return to him of the amounts paid to the fund through deductions from his the officer's salary. If he the officer has 10 years or more of service, the amount paid shall must include regular interest on such the amounts. If he the officer has less than 10 years of service, he shall the officer must receive only the amount paid through such salary deductions, without interest."

Section 247. Section 19-19-401, MCA, is amended to read:

"19-19-401. Eligibility for service retirement. The following persons are eligible for the police retired list of a city and shall may retire as provided in this section:

(1) A person who is employed by any city as a police officer on July 1, 1975, is eligible for the police retired list when he the person has completed 20 years or more in the aggregate as a probationary officer, a regular officer, or a special officer of the police department, in any capacity or rank.

(2) A person who is first employed by a city as a police officer after July 1, 1975, is eligible for the police retired list when he the person has reached the age of 50 and has completed 20 years or more in the aggregate as a probationary officer, a regular officer, or a special officer of the police department, in any capacity or rank."

Section 248. Section 19-19-402, MCA, is amended to read:

"19-19-402. Eligibility for disability retirement. When a police officer receives injuries or disabilities in the active discharge of his duties as a police officer, which and the injuries or disabilities are, in the opinion of the board of police commissioners or city council of the city or town, of such a character as to impair his that impairs the officer's ability to discharge his the duties as of an active police officer, he shall the officer must be placed on the retired list of the city or town."

Section 249. Section 19-19-403, MCA, is amended to read:

"19-19-403. Option of officer to remain on active list. (1) A police officer who is eligible for the retired list under subsection (1) or (2) of 19-19-401(1) or (2) may transfer, as of the time he the officer becomes eligible, to the retired list or may elect to serve an additional 1 to 10 years as an active police officer.

(2) A police officer whose eligibility depends on 19-19-401(2) and who completes 20 years of service before reaching the age of 50 years of age is considered to have elected to serve an additional year for each year between the completion of his the officer's 20th year of service and his 50th birthday, and he shall the officer must be paid the additional 1% for each such year of those years."

Section 250. Section 19-19-404, MCA, is amended to read:

"19-19-404. Reinstatement to retired list. An applicant for reinstatement under the provisions of 7-32-4110 may be reinstated and passed into the added to the retired list of police officers so as to and may enjoy all the benefits, pensions, and rights which that accrue to police officers placed on the retired list in said the city or town. The pension benefits to be allowed to such a reinstated officer shall must be computed upon the basis of his the officer's last full year of active service on said the police force."

Section 251. Section 19-19-405, MCA, is amended to read:

"19-19-405. Credit for military service. A police officer serving in the United States military in time of war or national emergency shall must be given credit in his the officer's police record for such the military service in the same manner as though he the officer were on active police duty."

Section 252. Section 19-19-406, MCA, is amended to read:

"19-19-406. Election to qualify previous military service. (1) A member with 15 years or more of service as a police officer may, at any time prior to his retirement, make a written election with the board to qualify all or any portion of his the member's active service in the armed forces of the United States for the purpose of calculating retirement benefits, up to a maximum of 5 years, if he the member is not otherwise eligible to receive credit. To qualify this service, he must the member shall contribute to the account the actuarial cost of granting the service to be determined by the board based on his the member's compensation and normal contribution rate as of his the member's 16th year and as many succeeding years as are required to qualify this service, with interest from the date he becomes eligible of eligibility for this benefit to the date he contributes of contribution. He The member may not qualify more of his military service than he has the service as a police officer in excess of 15 years. Military service purchased under this section may not be used in the determination of eligibility for a service retirement requiring a minimum of 20 years service.

(2) If a member has retired from active duty in the armed forces of the United States with normal service retirement benefits, he the member may not qualify his military service under subsection (1). However, a member who is serving or has served in the military reserves with the expectation of receiving a military service pension may qualify his the member's active military service under subsection (1) if his the active duty in the armed forces of the United States is not more than 25% of the total of all his years of military service, including reserve and active duty time."

Section 253. Section 19-19-501, MCA, is amended to read:

"19-19-501. Service retirement allowance. When a police officer is transferred from the active list to the retired list of a city, he shall thereafter the officer must receive monthly payments from the city's police retirement fund, as follows:

(1) A police officer who is eligible under 19-19-401(1) or (2) and does not elect to serve any additional years as an active police officer shall must receive a sum equal to one-half the base salary, excluding overtime and payments in lieu of sick leave and annual leave, he that the officer was receiving as an active officer computed on the highest salary received in any one 1 month during his the last year of active service.

(2) A police officer who is eligible after 20 years of service and who elects to serve additional years shall must receive the payment provided for in subsection (1) plus an additional 1% of such the payment per for each year of additional service, up to a maximum of 60% of the base salary, excluding overtime and payments in lieu of sick leave and annual leave, he that the officer was receiving as an active officer computed on the highest salary received in any one 1 month during his the last year of active service."

Section 254. Section 19-19-502, MCA, is amended to read:

"19-19-502. Disability retirement allowance. When a police officer is transferred from the active list to the retired list of a city, he shall thereafter the officer must receive monthly payments from the city's police retirement fund, as follows:

(1) A police officer who is eligible under 19-19-402 before completing 20 years of service shall must receive a sum equal to one-half the base salary, excluding overtime and payments in lieu of sick leave and annual leave, he that the officer was receiving as an active officer computed on the highest salary received in any one 1 month during his the last year of active service.

(2) A police officer who is placed on the retired list under 19-19-402 and who, at the time of his injury or disability, was eligible at his the officer's option to be placed on the retired list under 19-19-401(1) or (2) but had elected to serve additional years and was then serving such the additional years shall must be paid for the additional years over his the officer's original eligibility at the rate prescribed in 19-19-501(2)."

Section 255. Section 19-19-503, MCA, is amended to read:

"19-19-503. Death benefits. (1) Upon the death of a police officer on the active list or retired list of a city, his the officer's surviving spouse, if there is one, shall must, as long as such the spouse remains the surviving spouse, be paid from the city's police retirement fund a sum equal to one-half the base salary, excluding overtime and payments in lieu of sick leave and annual leave, he that the officer was receiving as an active officer computed on the highest salary received in any one 1 month during his the last year of active service.

(2) If the officer leaves one or more dependent minor children, upon his the officer's death if he leaves there is no surviving spouse or upon the death or remarriage of the surviving spouse, his the surviving dependent minor children, collectively if there is more than one, shall must receive the same monthly payments as a surviving spouse would receive, until they reach the age of 18 years of age or are married. The payments shall must be made to their duly appointed, qualified, and acting guardian for their use. If there is more than one such child, upon each child reaching the age of 18 years of age or marrying, the pro rata payments to that child shall must cease and shall must be made to the remaining children, until all the children have either reached the age of 18 years of age or are married."

Section 256. Section 19-19-505, MCA, is amended to read:

"19-19-505. Withholding of group insurance premium from retirement benefit. A retiree who is a participant in an employee group insurance plan which that permits participation in the group plan following retirement may elect to have the monthly premium for such group insurance withheld by the department of administration and paid directly by the department to the insurance carrier. In order to qualify for this withholding, a retiree must be a participant in a group insurance plan available to the employees of his the former employer. No withholding Withholding may not be made for any retiree covered by an individual insurance policy."

Section 257. Section 19-20-103, MCA, is amended to read:

"19-20-103. Implied consent of employee. A person who accepts employment for which membership is required is considered to have consented to membership and to the withholding of contributions from his the person's compensation."

Section 258. Section 19-20-301, MCA, is amended to read:

"19-20-301. Membership application. Whenever a person becomes a member of the retirement system as required by 19-20-302, he the person shall complete an application form prescribed by the retirement board."

Section 259. Section 19-20-303, MCA, is amended to read:

"19-20-303. Inactive membership. Any person's active membership in the retirement system shall terminate terminates, but he shall be the person is an inactive member, when the person:

(1) he ceases to be employed in a capacity that allows his membership and he the person has 5 or more years of creditable service in the retirement system;

(2) he ceases to be employed in a capacity that allows his membership and he the person has less than 5 years of creditable service in the retirement system, but his the loss of capacity to be a member was caused by a personal illness determined by the retirement board to be a disability or was caused by service in the armed forces of the United States, which includes the army, navy, marine corps, air force, and coast guard, or by service in the American red cross or merchant marine during time of war; or

(3) he has 5 or more years of creditable service and he becomes a member of any other retirement or pension system supported wholly or in part by moneys the money of another government agency, except the federal social security retirement system, and the membership in the other retirement system would allow credit for the same employment service in two retirement systems. However, no a person shall may not be excluded from active membership solely because he the person is receiving or is eligible to receive retirement benefits from another retirement system."

Section 260. Section 19-20-304, MCA, is amended to read:

"19-20-304. Membership termination. The active or inactive membership in the retirement system of any person terminates when the person:

(1) he retires on a retirement allowance of the retirement system;

(2) he dies;

(3) he withdraws his the person's accumulated contributions to the retirement system under the provisions of 19-20-603; or

(4) he ceases to be employed in a capacity that allows his membership, he has less than 5 years of creditable service in the retirement system, and he cannot qualify under the provisions of 19-20-303(2)."

Section 261. Section 19-20-406, MCA, is amended to read:

"19-20-406. Creditable service for prior service. A member who is retiring with at least 5 years of creditable service and who has been an active member for at least 5 consecutive school fiscal years may request creditable service for any employment service he rendered prior to September 1, 1937, for which he the member has not received a prior service certificate. In order to receive the creditable service, he must the member shall apply for it and provide certification of the prior service. The retirement board shall determine the amount of creditable service to be awarded, if any, and issue a prior service certificate."

Section 262. Section 19-21-211, MCA, is amended to read:

"19-21-211. Payment of benefits. No A retirement, death, or other benefit may not be paid by the state or the board of regents under the optional retirement program. Benefits are payable to a participant and his the participant's beneficiaries only by the designated company or companies in accordance with the terms of the contracts."

Section 263. Section 20-1-201, MCA, is amended to read:

"20-1-201. School officers not to act as agents. The superintendent of public instruction or members of his the superintendent's staff, county superintendent or members of his the superintendent's staff, trustee, or district employee shall may not act as an agent or solicitor in the sale or supply of goods or services to a district. No such An enumerated person shall may not assist or receive a reward from an agent or solicitor of goods or services for a district. Any such person violating this section shall be deemed is guilty of a misdemeanor and, if convicted by a court of competent jurisdiction, shall be fined not less than $50 or more than $200 and shall be liable to removal from his the person's position. The penalties provided by this section shall may not be applicable if the charge and conviction are made under the provisions of 20-7-608."

Section 264. Section 20-1-202, MCA, is amended to read:

"20-1-202. Oath of office. Any person elected or appointed to any public office authorized by this title shall take the oath of office before qualifying for and assuming the office. In case If an officer has a written appointment or commission, his the officer's oath shall must be endorsed thereon on the appointment or commission, otherwise it the oath may be taken orally, and, in either case, it may, without charge or fee, be sworn to before an officer authorized to administer oaths for such the public office."

Section 265. Section 20-1-203, MCA, is amended to read:

"20-1-203. Delivering items to successor. Whenever any member of the trustees, superintendent, principal, or clerk of the district is replaced by election or otherwise, he the person shall immediately deliver all books, papers, and moneys money pertaining to the position to his the person's successor. Any such person who shall refuse refuses to do so or who shall willfully destroy knowingly destroys any such material or misappropriate misappropriates any moneys money entrusted to him the person shall be is guilty of a misdemeanor and, if convicted by a court of competent jurisdiction, shall be fined not more than $100."

Section 266. Section 20-1-211, MCA, is amended to read:

"20-1-211. Expenses of officers or employees attending conventions -- educational associations. (1) After July 1, 1921, no A school district officer or employee of any school district 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.

(2) The board of trustees of any county or district high school or of any school district may by resolution adopted by a majority of the entire board make their district a member of any state association of school districts or school district trustees or any other strictly educational association and authorize the payment of dues to such the association and the necessary traveling expenses of employees or members of said the board to attend meetings of such the association or other meetings called for the express purpose of considering educational matters."

Section 267. Section 20-2-111, MCA, is amended to read:

"20-2-111. Officers of boards -- quorum. (1) The board of public education and the board of regents may each select a chairman presiding officer from among their appointed members.

(2) The executive secretary shall serve as secretary to the board of public education, and the commissioner of higher education serves as secretary to the board of regents.

(3) A majority of the appointed members of each board constitutes a quorum for the transaction of business.

(4) The executive secretary shall serve as a liaison between the board of public education and the superintendent of public instruction and shall carry out other such duties as assigned by the board of public education."

Section 268. Section 20-2-112, MCA, is amended to read:

"20-2-112. Quarterly meetings of boards -- called meetings -- notice of meetings. (1) The board of public education and the board of regents shall meet at least quarterly.

(2) Other meetings of either board may be called by the governor, by the chairman presiding officer, by the secretary, or by four appointed members.

(3) The secretary to each board shall mail notice to each member at least 7 days in advance of all meetings of the respective board."

Section 269. Section 20-2-131, MCA, is amended to read:

"20-2-131. Commissioner of higher education -- duties -- compensation -- staff. (1) The board of regents shall prescribe the duties of the commissioner of higher education and shall set his the commissioner's compensation.

(2) The board of regents shall provide sufficient staff and office space to the commissioner for him to carry carrying out his the commissioner's duties."

Section 270. Section 20-3-101, MCA, is amended to read:

"20-3-101. Election and qualifications. (1) A superintendent of public instruction for the state of Montana shall must be elected by the qualified electors of the state at the general election preceding the expiration of the term of office of the incumbent.

(2) Any A person shall be is qualified to assume the office of superintendent of public instruction who:

(a) is 25 years of age or older at the time of his election;

(b) has resided within the state for the 2 years next preceding his the election;

(c) holds at least a bachelor's degree from any unit of the Montana university system or from an institution recognized as equivalent by the board of public education for teacher certification purposes; and

(d) otherwise possesses the qualifications for such office which that are required by The Constitution of the State of Montana."

Section 271. Section 20-3-102, MCA, is amended to read:

"20-3-102. Term, oath, and vacancy. (1) The superintendent of public instruction shall hold office at the seat of government for the a term of 4 years. He The superintendent shall assume office on the first Monday of January following his election and shall hold the office until his a successor has been elected and qualified. Any person elected as the superintendent of public instruction shall take the oath of a civil officer.

(2) If the office of superintendent of public instruction becomes vacant, it shall must be filled in the manner prescribed by The Constitution of the State of Montana."

Section 272. Section 20-3-105, MCA, is amended to read:

"20-3-105. Administrative powers and duties. In administering the affairs of his the office, the superintendent of public instruction shall have has the power and it shall be his is the superintendent's duty to:

(1) keep a record of his official acts and all documents applicable to the administration of the office, preserve all official reports submitted to him the superintendent for the period required by law, and surrender them to his the superintendent's successor at the expiration of his the term;

(2) preserve all books, educational media, instructional equipment, and any other articles of educational interest and value which that come into his the superintendent's possession and surrender them to his the superintendent's successor at the expiration of his the term;

(3) cause the printing and distribution of all reports and forms necessary for the proper conduct of business by a district or school in the manner prescribed by the provisions of this title;

(4) provide and keep an official seal of the superintendent of public instruction by which his official acts shall must be authenticated;

(5) if he deems considered necessary, cause the printing of a complete and updated volume of the school laws of the state, which shall must be offered and sold at cost of the printing and shipping to any school official or other person;

(6) whenever a replacement volume is not printed under the provisions of subsection (5), cause the printing of a cumulative supplement to the most recent volume of school laws immediately after the conclusion of any session of the legislature at which new school laws or amendments to the school laws were adopted. It shall must be offered and sold at cost of the printing and shipping to any school official or other person.

(7) if deemed considered necessary, publish a biennial report of the superintendent of public instruction;

(8) counsel with and advise county superintendents on matters involving the welfare of the schools and, when requested, give a county superintendent a written answer to any question concerning school law;

(9) call an annual meeting of the county superintendents when he deems it considered advisable;

(10) as far as he shall find it practicable, address public assemblies on subjects pertaining to education in Montana; and

(11) faithfully work in all practical and possible ways for the welfare of the public schools of the state."

Section 273. Section 20-3-202, MCA, is amended to read:

"20-3-202. Term, oath, and vacancy. (1) The county superintendent shall hold office for a term of 4 years. He The county superintendent shall assume office on the first Monday of January following his election and shall hold the office until his a successor has been elected and qualified.

(2) Any person elected as the county superintendent shall take the oath or affirmation of office and shall give an official bond, as required by law.

(3) If the office of county superintendent becomes vacant, the board of county commissioners shall appoint a replacement to fill the vacancy. Such The replacement shall serve until the next regular general election, when a person shall must be elected to serve the remainder of the initial term, if there be is any remaining term."

Section 274. Section 20-3-203, MCA, is amended to read:

"20-3-203. Office costs and staff. (1) The board of county commissioners shall supply the county superintendent with suitable office space and office supplies. The county superintendent shall must be paid from the county general fund all necessary traveling expenses that he actually incurs incurred in discharging his duties, after such the expenses have been audited by the board of county commissioners.

(2) Upon the county superintendent's recommendation of a candidate, the board of county commissioners may appoint such the candidate to the position of chief deputy county superintendent. The commissioners also may appoint deputies and assistants for the county superintendent. The commissioners shall fix the salaries of the personnel prescribed by this section at 90% or less of the salary of the county superintendent."

Section 275. Section 20-3-206, MCA, is amended to read:

"20-3-206. Additional positions. In the capacity as county superintendent, the county superintendent shall also serve as:

(1) the chairman presiding officer of the county transportation committee, as prescribed by 20-10-131;

(2) an attendance officer for a district under the conditions prescribed by 20-5-104; and

(3) the clerk of a joint board of trustees under the conditions prescribed by 20-3-361."

Section 276. Section 20-3-208, MCA, is amended to read:

"20-3-208. Authority to request, accept, and disburse money. (1) A county superintendent may, with the advice and consent of the appropriate school boards, request and accept money made available from federal, state, or private sources for purposes of public education.

(2) Subject to applicable federal and state guidelines and, in the case of money received from private sources, subject to any guidelines fixed by the donor, a county superintendent may, in his discretion, disburse money received under this section to one or more public elementary or high school districts according to their needs. The county superintendent shall supervise the utilization use of such the money with the approval of the appropriate school boards.

(3) The county superintendent may establish a fund, for which the county treasurer shall maintain a separate accounting, for the deposit of money received under this section."

Section 277. Section 20-3-211, MCA, is amended to read:

"20-3-211. Disqualification of county superintendent. A county superintendent may not hear or decide matters of controversy pursuant to 20-3-210 when:

(1) he the county superintendent is a party to or has an interest in the controversy;

(2) he the county superintendent is related to either party in the controversy by consanguinity or affinity within the sixth degree, computed according to the rules of law;

(3) either party to the controversy makes and files with the county superintendent of schools an affidavit that he the party has reason to believe and does believe that he the party cannot have a fair and impartial hearing before the county superintendent by reason of the bias or prejudice of the county superintendent; or

(4) the controversy involves the education or possible identification of a child with a disability."

Section 278. Section 20-3-308, MCA, is amended to read:

"20-3-308. Vacancy of trustee position. (1) Any An elected trustee position shall be is vacant whenever the incumbent:

(a) dies;

(b) resigns;

(c) moves his the trustee's residence from the applicable district or from the nominating district in the case of an additional trustee in a high school district;

(d) is no longer a registered elector of the district under the provisions of 20-20-301;

(e) is absent from the district for 60 consecutive days;

(f) fails to attend three consecutive meetings of the trustees without a good excuse;

(g) has been removed under the provisions of 20-3-310; or

(h) ceases to have the capacity to hold office under any other provision of law.

(2) A trustee position is also shall be vacant when an elected candidate fails to qualify under the provisions of 20-3-307."

Section 279. Section 20-3-309, MCA, is amended to read:

"20-3-309. Filling vacated trustee position -- appointee qualification and term of office. (1) Whenever a trustee position becomes vacant in any district, the remaining members of the trustees shall declare such the position vacant and they shall appoint, in writing within 60 days, a competent person as a successor. The trustees shall notify the appointee and the county superintendent of such the appointment. If the trustees do not make the appointment within such the 60-day period, the county superintendent shall appoint, in writing, a competent person as a successor and notify such the person of his the appointment.

(2) Any A person who has been appointed to a trustee position shall qualify by completing and filing an oath of office with the county superintendent within 15 days after receiving notice of his appointment. Failure to file the oath of office shall constitute constitutes a continuation of the trustee position vacancy which shall that must be filled under the provisions of this section.

(3) Any A person assuming a trustee position under the provisions of this section shall serve until the next regular school election and his until a successor has qualified."

Section 280. Section 20-3-310, MCA, is amended to read:

"20-3-310. Trustee removal. Any trustee may be removed from his the trustee position by a court of competent jurisdiction under the law providing for the removal of elected civil officials. When charges are preferred brought against a trustee and good cause is shown, the board of county commissioners may suspend such the trustee from his the trustee position until the charges can be heard in the court of competent jurisdiction."

Section 281. Section 20-3-311, MCA, is amended to read:

"20-3-311. Trustee travel reimbursement and compensation of secretary for joint board. The members of the trustees of any district shall may not receive compensation for their services as trustees, except that the secretary of the trustees of a high school district operating a county high school or the secretary of a joint board of trustees may be compensated for his services as the secretary. The members of the trustees who reside over 3 miles from the trustees' meeting place shall must be reimbursed at the rate as provided in 2-18-503, for every mile necessarily traveled between their residence and the meeting place and return in attending the regular and special meetings of the trustees, and all trustees shall must be similarly reimbursed for meetings called by the county superintendent. The travel reimbursement may be accumulated during the school fiscal year and paid at the end of the fiscal year, at the discretion of each trustee."

Section 282. Section 20-3-344, MCA, is amended to read:

"20-3-344. Nomination of candidates by petition in first-class elementary district. Except as provided in 20-3-338, any 20 electors, qualified under the provisions of 20-20-301, of any first-class elementary district may nominate by petition as many trustee candidates as there are trustee positions subject to election at the ensuing election. The name of each person nominated for candidacy shall must be submitted to the clerk of the district not less than 40 days before the regular school election day at which he the person is to be a candidate. If there are different terms to be filled, the term for which each candidate is nominated shall must also be indicated. The election shall must be conducted with the ballot as specified in 20-3-306."

Section 283. Section 20-3-353, MCA, is amended to read:

"20-3-353. Establishment and purpose of trustee nominating districts. (1) After the county superintendent has determined the number of additional trustee positions, he the county superintendent shall establish trustee nominating districts in that portion of the high school district without representation on the high school trustees. There shall must be one trustee nominating district for each additional trustee position, except the additional trustee-at-large. Unless it is impossible, the trustee nominating district boundaries shall must be coterminous with elementary district boundaries.

(2) The purpose of the trustee nominating district shall be is to establish a representative district for the nomination and election of a resident of such the district to be an additional member of the trustees of a high school district. The electors qualified to vote in the high school district under the provisions of 20-20-301 and who reside in the trustee nominating district shall be are the only electors who may vote for the additional trustee representing such the district. They must also shall be permitted to vote for a trustee position at large, if there is one, but not for no any other high school trustee position.

(3) Any additional trustee position established under the provisions of this section shall must be filled in a manner prescribed under the provisions of 20-3-309. Each additional trustee position filled by appointment under this section shall be is subject to election at the next regular school election."

Section 284. Section 20-3-354, MCA, is amended to read:

"20-3-354. Redetermination of additional trustee positions and subsequent adjustments. Whenever there is a revision of the taxable valuation of the high school district or the elementary districts within it the high school district or there is a reclassification of the elementary district which that has its trustees placed on the high school district board of trustees, the county superintendent shall redetermine the number of additional trustee positions for the high school district in accordance with 20-3-352. If there is a change in the allowable number of additional trustee positions, the county superintendent shall reestablish the trustee nominating districts in accordance with 20-3-353. If the number of additional trustee positions is less than the previous number of positions, the county superintendent shall designate which present additional positions are to terminate upon his the order reestablishing the trustee nominating districts. If the number of additional trustee positions is more than the previous number of positions, such the additional trustee positions shall must be filled in the manner prescribed under the provisions of 20-3-309. Each additional trustee position filled by appointment under this section shall be is subject to election at the next regular school election."

Section 285. Section 20-3-361, MCA, is amended to read:

"20-3-361. Joint board of trustees organization and voting membership. (1) The board of trustees of two or more school districts may form a joint board of trustees for the purpose of coordinating any educational program or support service of the districts. A joint board of trustees may coordinate only those programs and services agreed to by the participating boards of trustees.

(2) When a joint board of trustees is formed, all of the members of the districts' trustees shall must be members of the joint board of trustees and each member shall must have the right to participate in the meetings, but voting on matters considered by the joint board shall be is limited by the provisions of this section.

(3) At the first meeting of the joint board of trustees, there shall be a chairman presiding officer of the joint board of trustees must be selected from among the membership. A secretary of the joint board shall must be selected from the membership. The chairman presiding officer, when selected as a voting member, shall may not be disqualified from voting because of his the position of chairman of the board. The secretary shall may not be a voting member except that he the secretary shall cast the deciding vote when three successive ballots have resulted in a tie vote of the joint board of trustees.

(4) The voting membership of the joint board of trustees shall must be equalized among the trustee membership of the participating districts. After the selection of the chairman presiding officer and the secretary, if necessary, the voting membership shall be is:

(a) all of the membership of the board of trustees of the smallest class of district, according to 20-6-201 or 20-6-301, unless one of its members is selected as secretary, in which case such that member shall may not be a voting member; and

(b) the members of the board of trustees of the other district or districts who are selected by such the trustees as voting members of the joint board in a number equal to the number of voting members of the district as established under subsection (4)(a) above. The names of the voting membership selected by the trustees shall must be submitted in writing to the secretary of the board and shall be are the only members of such the district's trustees eligible to vote on joint board matters unless such the list is revised in writing by the trustees.

(5) Each voting member shall be is entitled to cast one vote, individually, upon every matter submitted to the joint board for a vote.

(6) A joint board must shall remain in existence for at least 1 school year and may not be dissolved until the end of a school year."

Section 286. Section 20-4-101, MCA, is amended to read:

"20-4-101. System and definitions of teacher and specialist certification -- student teacher exception. (1) In order to establish a uniform system of quality education and to ensure the maintenance of professional standards, a system of teacher and specialist certification shall must be established and maintained under the provisions of this title and no a person shall may not be permitted to teach in the public schools of the state until he the person has obtained a teacher certificate or specialist certificate or the district has obtained an emergency authorization of employment from the state.

(2) As used in this part, "teacher or specialist certificate" means a certificate issued or applied for under 20-4-106. The term "teacher or specialist" refers to a person certified under 20-4-106.

(3) The above certification requirement shall does not apply to a student teacher who is hereby defined as a student enrolled in an institution of higher learning approved by the board of regents of higher education for teacher training and who is jointly assigned by such the institution of higher learning and the governing board of a district or a public institution to perform practice teaching in a nonsalaried status under the direction of a regularly employed and certificated teacher.

(4) A student teacher, while serving such a nonsalaried internship under the supervision of a certificated teacher, shall must be accorded the same protection of the laws as that accorded a certificated teacher and shall, while acting as such a student teacher, comply with all rules of the governing board of the district or public institution and the applicable provisions of 20-4-301 relating to the duties of teachers."

Section 287. Section 20-4-104, MCA, is amended to read:

"20-4-104. Qualifications. (1) A person may be certified as a teacher when he the person satisfies the following qualifications. The person:

(a) He is 18 years of age or older.;

(b) He is of good moral and professional character.;

(c) He has completed the teacher education program of a unit of the Montana university system or an essentially equivalent program at an accredited institution of equal rank and standing as that of any unit of the Montana university system, and his the training is evidenced by at least a bachelor's degree and a certification of the completion of the teacher education program, except as provided for in 20-4-106(1)(d).; and

(d) He has subscribed to the following oath or affirmation before an officer authorized by law to administer oaths:

"I solemnly swear (or affirm) that I will support The Constitution of the United States of America and The Constitution of the State of Montana."

(2) Any person may be certified as a specialist when he the person satisfies the requirements of subsections (1)(a) and (1)(b) and the requirement for a specialist certificate provided in 20-4-106(2)."

Section 288. Section 20-4-106, MCA, is amended to read:

"20-4-106. Classifications of teacher and specialist certificates. (1) The superintendent of public instruction shall issue teacher certificates and the board of public education shall adopt teacher certification policies on the basis of the following classifications of teacher certificates:

(a) The class 1 professional certificate may be issued to an otherwise qualified applicant who has completed a teacher education program which that includes a bachelor's degree and a minimum of 1 year of study beyond such the degree in a unit of the Montana university system or an equivalent institution. The professional certificate may be endorsed for elementary instruction, for secondary instruction, or both, and for specified subject fields on the basis of the applicant's academic and professional training and according to the board of public education policy for teacher certification endorsement.

(b) The class 2 standard certificate may be issued to an otherwise qualified applicant who has completed a 4-year teacher education program and who has been awarded a bachelor's degree by a unit of the Montana university system or an equivalent institution. The standard certificate may be endorsed for elementary instruction, for secondary instruction, or both, and for specified subject fields on the basis of the applicant's academic and professional training and according to the board of public education policy for teacher certification endorsement.

(c) The class 3 administrative and supervisory certificate may be issued to an otherwise qualified applicant who is eligible for a teacher certificate endorsed for teaching in the school or schools in which he the applicant would be an administrator or he would supervise. The applicant also shall must also possess the training and experience required by the policies of the board of public education for an endorsement as superintendent, principal, or supervisor.

(d) The class 4 vocational, recreational, or adult education certificate may be issued to an otherwise qualified applicant who has the qualifications of training and experience required by the United States office of education or the qualifications required by the special needs of the several vocational, recreational, or adult education fields and who can qualify under the policy of the board of public education for the issuance of this classification of teacher certification.

(e) The class 5 provisional certificate may be issued to an otherwise qualified applicant who can provide satisfactory evidence of his the intent to qualify in the future for a class 1 or a class 2 certificate and who has completed a 4-year college program or its equivalent and holds a bachelor's degree from a unit of the Montana university system or its equivalent. The provisional certificate may be endorsed for elementary instruction, for secondary instruction, or both, and for special subject fields on the basis of the applicant's academic and professional training and according to the board of public education policy for teacher or specialist certification endorsement.

(2) The superintendent of public instruction shall issue specialist certificates, and the board of public education shall adopt specialist certification policies. The specialist certificate may be issued to an otherwise qualified applicant who has the training, experience, and license required under the standards of the board of public education for the certification of a profession other than the teaching profession.

(3) For purposes of evaluating the qualifications of applicants for either teacher or specialist certificates, a year means the instructional period consisting of three quarters or two semesters or other terms which that are recognized as an academic year by any unit of the Montana university system or equivalent institution."

Section 289. Section 20-4-121, MCA, is amended to read:

"20-4-121. Interstate agreement on qualification of educational personnel. The interstate agreement on qualification of educational personnel is enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:

Article I. Purpose -- Findings -- Policy (1) The states party to this agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to it and to authorize specific interstate educational personnel contracts to achieve that end.

(2) The party states find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from state to state in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other states. As a consequence, a significant number of professionally prepared and experienced educators are lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their states of origin, can increase the available educational resources. Participation in this compact can increase the availability of educational manpower personnel.

Article II. Definitions As used in this agreement and contracts made pursuant to it, unless the context clearly requires otherwise, the following definitions apply:

(1) "Educational personnel" means persons who must meet requirements pursuant to state law as a condition of employment in educational programs.

(2) "Designated state official" means the educational official of a state selected by that state to negotiate and enter into, on behalf of his the official's state, contracts pursuant to this agreement.

(3) "Accept" or any variant thereof means to recognize and give effect to one or more determinations of another state relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state.

(4) "State" means a state, territory, or possession of the United States, the District of Columbia, or the commonwealth of Puerto Rico.

(5) "Originating state" means a state (and the subdivisions thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III.

(6) "Receiving state" means a state (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III.

Article III. Interstate Educational Personnel Contracts (1) The designated state official of a party state may make one or more contracts on behalf of his the designated state official's state with one or more other party states providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the states whose designated state officials enter into it and the subdivisions of those states with the same force and effect as if incorporated in this agreement. A designated state official may enter into a contract pursuant to this article only with states in which he the designated state official finds that there are programs of education, certification standards, or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable even though not identical to that prevailing in his the designated state official's own state.

(2) Any such contract shall provide for:

(a) its duration;

(b) the criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state;

(c) such waivers, substitutions, and conditional acceptance as shall aid the practical effectuation of the contract without sacrifice of basic educational standards; and

(d) any other necessary matters.

(3) No contract made pursuant to this agreement shall be for a term longer than 5 years, but any such contract may be renewed for like or lesser periods.

(4) Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this agreement shall require acceptance by a receiving state of any persons qualified because of successful completion of a program prior to January 1, 1954.

(5) The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving state.

(6) A contract committee composed of the designated state officials of the contracting states or their representatives shall keep the contract under continuous review, study means of improving its administration, and report not less than once a year to the heads of the appropriate education agencies of the contracting states.

Article IV. Approved and Accepted Programs (1) Nothing in this agreement shall be construed to repeal or otherwise modify any law or regulation of a party state relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that state.

(2) To the extent that contracts made pursuant to this agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.

Article V. Interstate Cooperation The party states agree that:

(1) they will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this agreement; and

(2) they will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.

Article VI. Agreement Evaluation The designated state officials of any party states may meet from time to time as a group to evaluate progress under the agreement and to formulate recommendations for changes.

Article VII. Other Arrangements Nothing in this agreement shall be construed to prevent or inhibit other arrangements or practices of any party state or states to facilitate the interchange of educational personnel.

Article VIII. Effect -- Withdrawal (1) This agreement shall become effective when enacted into law by two states. Thereafter it shall become effective as to any state upon its enactment of this agreement.

(2) Any party state may withdraw from this agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until 1 year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states.

(3) No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.

Article IX. Construction -- Severability This agreement shall be liberally construed so as to effectuate the purpose thereof. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any state or of the United States or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement is held to be contrary to the constitution of any state participating therein, the agreement shall remain in full force and effect as to the state affected as to all severable matters."

Section 290. Section 20-4-132, MCA, is amended to read:

"20-4-132. Meetings -- assistance. (1) The council shall meet quarterly and at other times as may be required for the proper conduct of the business of the council at the call of the chairman presiding officer.

(2) The council may adopt rules for the conduct of its business.

(3) The council shall keep a record of its proceedings.

(4) The council may request research, administrative, and clerical staff assistance from the board of public education.

(5) The council shall select a chairman presiding officer and a vice-chairman vice presiding officer from its appointed members.

(6) A quorum for a meeting is not less than four council members.

(7) Council members are entitled to travel expenses incurred for each day of attendance at council meetings or in the performance of any duty or service as a council member in accordance with 2-18-501 through 2-18-503."

Section 291. Section 20-4-202, MCA, is amended to read:

"20-4-202. Teacher and specialist certification registration. (1) Any person employed as a teacher, specialist, principal, or district superintendent shall register his the person's certificate or the district shall register its emergency authorization of employment for a teacher with the county superintendent of the county wherein he in which the person is employed in order to validate his the person's employment status and permit payment under his the employment contract. If a teacher or specialist does not register his the person's certificate with the county superintendent within 60 calendar days after he the person begins to perform his services, he shall the person is not be eligible to receive any further compensation under his the contract of employment until he the person has registered his the certificate. After the schools of a district have been open for 60 calendar days in the current school fiscal year, the county superintendent shall notify each district of the county of each teacher or specialist who has registered his a current valid certificate, and the district shall may not pay any teacher who has not registered his the person's certificate until the county superintendent does notify the district of such the registration.

(2) A teacher or specialist employed by a joint district shall register his the person's certificate with the county superintendent of the county in which he the person is working. A teacher or specialist employed by a special education cooperative shall register his the person's certificate with the county superintendent of the county in which the special education cooperative is based."

Section 292. Section 20-4-304, MCA, is amended to read:

"20-4-304. Attendance at instructional and professional development meetings. The trustees of a school district shall close the schools of the district for the annual instructional and professional development meetings of teachers' organizations. A teacher may attend instructional and professional development meetings without loss of salary or attend other appropriate inservice training, as that may be prescribed by the trustees, without loss of salary. If a teacher does neither not attend, he must the teacher may not be paid."

Section 293. Section 20-5-102, MCA, is amended to read:

"20-5-102. Compulsory enrollment and excuses. (1) Except as provided in subsection (2), any parent, guardian, or other person who is responsible for the care of any child who is 7 years of age or older prior to the first day of school in any school fiscal year shall cause the child to be instructed in the program prescribed by the board of public education pursuant to 20-7-111 until the later of the following dates:

(a) the child's 16th birthday; or

(b) the date of completion of the work of the 8th grade.

(2) A parent, guardian, or other person shall enroll the child in the school assigned by the trustees of the district within the first week of the school term or when he the parent, guardian, or person establishes residence in the district unless the child is:

(a) enrolled in a school of another district or state under any of the tuition provisions of this title;

(b) provided with supervised correspondence study or supervised home study under the transportation provisions of this title;

(c) excused from compulsory school attendance upon a determination by a district judge that attendance is not in the best interest of the child;

(d) excused by the board of trustees upon a determination that attendance by a child who has attained the age of 16 is not in the best interest of the child and the school; or

(e) enrolled in a nonpublic or home school that complies with the provisions of 20-5-109. For the purposes of this subsection (2)(e), a home school is the instruction by a parent of his the parent's child, stepchild, or ward in his the parent's residence and a nonpublic school includes a parochial, church, religious, or private school."

Section 294. Section 20-5-103, MCA, is amended to read:

"20-5-103. Compulsory attendance and excuses. (1) Except as provided in subsection (2), any parent, guardian, or other person who is responsible for the care of any child who is 7 years of age or older prior to the first day of school in any school fiscal year shall cause the child to attend the school in which he the child is enrolled for the school term and each school day therein in the term prescribed by the trustees of the district until the later of the following dates:

(a) the child's 16th birthday; or

(b) the date of completion of the work of the 8th grade.

(2) The provisions of subsection (1) do not apply in the following cases:

(a) The child has been excused under one of the conditions specified in 20-5-102.

(b) The child is absent because of illness, bereavement, or other reason prescribed by the policies of the trustees.

Section 295. Section 20-5-105, MCA, is amended to read:

"20-5-105. Attendance officer -- powers and duties. The attendance officer of any a district shall:

(1) must be vested with police powers, the authority to serve warrants, and the authority to enter places of employment of children in order to enforce the compulsory attendance provisions of this title;

(2) shall take into custody any child subject to compulsory attendance who is not excused under the provisions of this title and conduct him the child to the school in which he the child is or should be enrolled;

(3) shall do whatever else is required to investigate and enforce the compulsory attendance provisions of this title and the pupil attendance policies of the trustees;

(4) shall institute proceedings against any parent, guardian, or other person violating the compulsory attendance provisions of this title;

(5) shall keep a record of his transactions for the inspection and information of the trustees and make reports in the manner and to whomever the trustees designate; and

(6) shall perform any other duties prescribed by the trustees to preserve the morals and secure good conduct of the pupils of the district."

Section 296. Section 20-5-106, MCA, is amended to read:

"20-5-106. Truancy. (1) Whenever the attendance officer discovers a child truant from school or a child subject to compulsory attendance who is not enrolled in a school providing the required instruction and has not been excused under the provisions of this title, he the officer shall notify in writing the parent, guardian, or other person responsible for the care of the child that the continued truancy or nonenrollment of his the child shall will result in his the person's prosecution under the provisions of this section. If the child is not enrolled and in attendance at a school or excused from school within 2 days after the receipt of the notice, the attendance officer shall file a complaint against such the person in a court of competent jurisdiction.

(2) If convicted, such the person shall be fined not less than $5 or more than $20. In the alternative, he the person may be required to give bond in the penal sum of $100, with sureties, conditioned upon his the person's agreement to cause the enrollment of his the child within 2 days thereafter in a school providing the courses of instruction required by this title and to cause the child to attend that school for the remainder of the current school term. If a person refuses to pay a fine and costs or to give a bond as ordered by the court, he the person shall be imprisoned in the county jail for a term of not less than 10 days or more than 30 days."

Section 297. Section 20-5-107, MCA, is amended to read:

"20-5-107. Incapacitated and indigent child attendance. In lieu of the provisions of 20-5-106 and when an attendance officer is satisfied that a pupil or a child subject to compulsory attendance is not able to attend school because he the child does not have the physical capacity or he the child is absolutely required to work at home or elsewhere in order to provide support himself for the child or his the child's family, the attendance officer shall report the case to the authorities charged with the relief of the poor. It shall be the duty of such The welfare authorities to shall offer such relief as that will enable the child to attend school. If the parent, guardian, or other person who is responsible for the care of the child denies or neglects the assistance offered to enable the child to attend school, the child shall must be committed to a state institution, at the discretion of the court."

Section 298. Section 20-5-111, MCA, is amended to read:

"20-5-111. Responsibilities and rights of parent who provides home school. Subject to the provisions of 20-5-109, a parent has the authority to instruct his the parent's child, stepchild, or ward in a home school and is solely responsible for:

(1) the educational philosophy of the home school;

(2) the selection of instructional materials, curriculum, and textbooks;

(3) the time, place, and method of instruction; and

(4) the evaluation of the home school instruction."

Section 299. Section 20-5-405, MCA, is amended to read:

"20-5-405. Medical or religious exemption. (1) When a parent, guardian, or adult who has the responsibility for the care and custody of a minor seeking to attend school or the person seeking to attend school, if an adult, signs and files with the governing authority, prior to the commencement of attendance each school year, a notarized affidavit on a form prescribed by the department stating that immunization is contrary to the religious tenets and practices of the signer, immunization of the person seeking to attend the school may not be required prior to attendance at the school. The statement must be maintained as part of the person's immunization records. A person who falsely claims a religious exemption is subject to the penalty for false swearing provided in 45-7-202.

(2) When a parent, guardian, or adult who has the responsibility for the care and custody of a minor seeking to attend school, or the person seeking to attend school, if an adult, files with the governing authority a written statement signed by a physician licensed to practice medicine in any jurisdiction of the United States or Canada stating that the physical condition of the person seeking to attend school or medical circumstances relating to him the person indicate that some or all of the required immunizations are not considered safe and indicating the specific nature and probable duration of the medical condition or circumstances which that contraindicate immunization, he the person is exempt from the requirements of this part to the extent indicated by the physician's statement. The statement must be maintained as part of the person's immunization records.

(3) Whenever there is good cause to believe that a person for whom an exemption has been filed under this section has a disease or has been exposed to a disease listed in 20-5-403 or will as the result of school attendance be exposed to such the disease, the person may be excluded from the school by the local health officer or the department until the excluding authority is satisfied that the person no longer risks contracting or transmitting that disease."

Section 300. Section 20-5-406, MCA, is amended to read:

"20-5-406. Immunization record. The governing authority of each school shall require written evidence of each pupil's immunization against the diseases listed in 20-5-403 and shall record the immunization of each pupil as part of his the pupil's permanent school record on a form prescribed by the department."

Section 301. Section 20-6-103, MCA, is amended to read:

"20-6-103. Permanent record of district boundaries. (1) The board of county commissioners shall maintain a permanent record which that plainly and definitely describes the boundaries of each district within the county. The county superintendent shall keep a transcript of the record in his the superintendent's office and shall be is responsible for keeping the record current.

(2) If the county superintendent determines that the boundaries of any elementary district or high school district are in conflict or are incorrectly described, he the superintendent shall change, harmonize, and describe them the boundaries accurately, and he shall make a report of such the boundary adjustments to the board of county commissioners. When the board of county commissioners approves a district boundary report submitted by the county superintendent, such the boundaries shall be are the legal boundaries and description of the district within the county. Whenever district boundaries are clarified under this section, the county superintendent shall supply the trustees of the district with the legal descriptions of the boundaries of their district."

Section 302. Section 20-6-605, MCA, is amended to read:

"20-6-605. Land acquired by conditional deed or at will or sufferance. Whenever, after March 17, 1939, the trustees acquire land by deed conditioned upon the use of the land for the conduct of school or related activities or whenever land has been used by the trustees at the will or sufferance of the land's owner or claimant and the district has constructed buildings or made other improvements on the land, the owner or claimant may repossess the land if it ceases to be used as specified by deed or, if not specified, for the conduct of school or related activities. However, the owner or claimant shall first notify the trustees in writing of his the intent to repossess the land, and the trustees shall thereafter have 1 year after receipt to remove any buildings or improvements placed there upon the land by the district. The trustees' failure to remove the buildings or improvements within that time shall constitute constitutes a forfeiture of such the buildings or improvements. Before the owner or claimant shall have has the right to give notice of repossession, the district's intention to permanently cease using the land shall must have been established by resolution of the trustees and a vote of the district's electors."

Section 303. Section 20-7-113, MCA, is amended to read:

"20-7-113. Maintenance of curriculum guide file and publishing curriculum guides by superintendent of public instruction. The superintendent of public instruction shall collect and maintain a file of curriculum guides to be made available to districts for the use of schools in planning courses of instruction. He The superintendent may prepare, publish, and distribute curriculum guides for the use of schools in planning courses of instruction. He The superintendent may solicit the assistance of educators and other qualified persons in the preparation of curriculum guides."

Section 304. Section 20-7-116, MCA, is amended to read:

"20-7-116. Supervised correspondence study. The trustees of any a district may provide supervised correspondence study for a pupil when it is impossible for him the pupil to attend a school due to because of the isolation of his the pupil's residence or his the pupils's mental or physical incapacity. Supervision of the correspondence course shall must be provided by the district superintendent or the county superintendent if there is no district superintendent."

Section 305. Section 20-7-462, MCA, is amended to read:

"20-7-462. Responsibilities of surrogate parent. A person assigned as a surrogate parent shall represent the child with a disability in all decisionmaking processes concerning the child's education by:

(1) becoming thoroughly acquainted with the child's history and other information contained in school and other pertinent files, records, and reports relating to that child's educational needs;

(2) complying with state and federal law as to the confidentiality of all records and information to which he the person is privy pertaining to that child and using discretion in the necessary sharing of the information with appropriate people for the purpose of furthering the interests of the child;

(3) becoming familiar with the educational evaluation and placement for the child and by giving his approval or disapproval for the evaluation and placement and reviewing and evaluating special education programs pertaining to the child and such other programs as that may be available; and

(4) initiating any mediation, hearing, or appeal procedures necessary and seeking qualified legal assistance whenever such the assistance is in the best interest of the child."

Section 306. Section 20-7-463, MCA, is amended to read:

"20-7-463. Surrogate parent -- immunity from liability -- reimbursement. (1) A person appointed as a surrogate parent is exempt from liability for any act or omission performed by him the person in his the capacity as a surrogate parent except an act or omission which that is found to have been committed in a grossly negligent or malicious manner.

(2) A surrogate parent has the same protection and immunity in professional communications as a teacher.

(3) A surrogate parent must be reimbursed by the school district for all reasonable and necessary expenses incurred in the pursuit of his the surrogate parent's duties, as prescribed by rules adopted by the superintendent of public instruction."

Section 307. Section 20-7-606, MCA, is amended to read:

"20-7-606. Doing business without textbook dealer's license -- penalty. Any A textbook dealer who shall sell sells or offer offers for sale or adoption a textbook to any district or county superintendent without first obtaining a textbook license from the superintendent of public instruction shall be guilty of a misdemeanor. Upon conviction of such the misdemeanor, he the person shall be fined not less than $500 or more than $2,000."

Section 308. Section 20-7-607, MCA, is amended to read:

"20-7-607. Restricting competition -- penalty. At any time a licensed textbook dealer enters into any understanding, agreement, or combination to control textbook prices or otherwise restrict competition in the sale of textbooks, he the dealer shall forfeit his the dealer's surety bond and textbook dealer's license. The attorney general shall institute and prosecute legal proceedings for the forfeiture of the surety bond of such the licensed textbook dealer and for revocation of his the textbook dealer's license."

Section 309. Section 20-7-608, MCA, is amended to read:

"20-7-608. Offer or acceptance of emoluments or other inducements -- penalty. (1) No A textbook dealer or his the dealer's agent shall may not offer any emolument or other inducement to any trustee or school employee to influence the selection, adoption, or purchase of textbooks.

(2) No A trustee, county superintendent, or school employee shall may not accept any emolument or other inducement from a textbook dealer or agent of such the dealer for the use of his the official's or employee's influence in the selection, adoption, or purchase of textbooks.

(3) The violation of any provisions of this section shall constitute is a misdemeanor. In addition, any trustee, county superintendent, or school employee convicted of such the misdemeanor shall must be removed from his the officer's or employee's position.

(4) Nothing in this This section shall may not be construed to prevent the supplying of a necessary number of sample textbooks for the purpose of examination by school officials or school employees."

Section 310. Section 20-8-108, MCA, is amended to read:

"20-8-108. Provisions for indigent students. In all cases where If a person to be sent to said school the Montana school for the deaf and blind is too poor to pay for necessary clothing and transportation, the judge of the district court of the district where such the person resides, upon application of any relative or friend or of any officer of the county where said the person resides, shall, if he deem the judge considers the person a proper subject, make an order to that effect. which shall The order must be certified by the clerk of the court to the superintendent of said the school, who shall then provide the necessary clothing and transportation at the expense of the county, and, upon his the superintendent rendering his proper accounts therefor for the expenditures quarter-annually, the county commissioners shall allow and pay the same the accounts out of the county treasury."

Section 311. Section 20-8-120, MCA, is amended to read:

"20-8-120. Communications skills required of certain employees. (1) Each permanent employee of the school who works with deaf children or works for or with a fellow employee who is deaf must shall acquire acceptable total communications skills as prescribed by the board of public education by the end of his the first year of employment.

(2) Upon request to the board of public education by the superintendent, an exception to this requirement may be made for an employee not working directly with deaf children."

Section 312. Section 20-9-207, MCA, is amended to read:

"20-9-207. Documentation of expenditures. (1) The expenditure of district moneys money, other than employee contract payments, may be authorized by the trustees when:

(a) payee-signed claims, wherein in which the payee attests to the accuracy of the claim and that he the payee has not received the claimed amount, have been issued to the district; or

(b) the payee has provided the district with an invoice or other document identifying the quantity and total cost per item included on the invoice.

(2) The intention of this section is to provide sufficient documentation for each expenditure of district moneys money."

Section 313. Section 20-9-424, MCA, is amended to read:

"20-9-424. Validation of petition -- election administrator's certificate. (1) The petitioners for a school district bond election shall submit their petition to the county election administrator of the county where the school district is located for validation of the signatures on the petition. The county election administrator shall examine the petition and attach or endorse thereon on the petition a certificate which shall that must state:

(a) the total number of electors of the school district who are, at the time, qualified to vote under the provisions of 20-20-301;

(b) which and how many of the individuals whose names are subscribed to the petition possess the qualifications to vote on a bond proposition; and

(c) whether the number of qualified signers established in subsection (1)(b) is more or less than 20% of the total number of registered electors established in subsection (1)(a).

(2) After completing the examination, the county election administrator shall immediately send the petition and his certificate to the school district. The county election administrator shall may not receive compensation for the examination of school district bond petitions."

Section 314. Section 20-9-436, MCA, is amended to read:

"20-9-436. County attorney to assist in the proceedings. The trustees of any a school district conducting bond proceedings shall prepare and maintain a transcript of their bond proceedings. It is a part of the official duties of the county attorney of every county of this state to advise and assist the trustees of each school district of his the county in its bond proceedings. Before any transcript of school district bond proceedings is sent to the board of investments, he the county attorney shall carefully examine such the transcript, and the transcript may not be sent until he the county attorney has attached his an opinion to the transcript that the proceedings are in full compliance with law. The However, the trustees of any school district, however, may, upon consent of the county attorney, employ any attorney licensed in Montana to assist the county attorney in the performance of his these duties."

Section 315. Section 20-9-441, MCA, is amended to read:

"20-9-441. Redemption of bonds -- investment of debt service fund moneys money. (1) Whenever there is a sufficient amount of money in any school district debt service fund available to pay and redeem one or more bonds of such the school district held by the state of Montana, the county treasurer shall apply such the money in payment of as many of such the bonds as can be paid and redeemed. The county treasurer shall give notice not less than 30 days before the next interest due date to the board of investments that on such interest due date such the bonds will be paid on the interest due date. Before such the interest due date, the county treasurer shall remit to the state treasurer the amount of money that is necessary to pay the bonds that are being redeemed and the interest due on such the bonds. When the state treasurer receives such the payment, he the treasurer shall cancel such the bonds and any unpaid coupons of such the bonds and return the canceled bonds and coupons to the county treasurer.

(2) Whenever there is a sufficient amount of money in any school district debt service fund available to pay and redeem one or more optional bonds of such the school district not held by the state of Montana, not yet due but then redeemable or becoming redeemable on the next interest due date, the county treasurer shall apply such the available money in payment of as many of such the bonds as can be paid and redeemed. The county treasurer shall give notice to the holder of the bonds, if known to him, or to any bank or financial institution at which the bonds are payable, at least 30 days before the next interest due date, that the bonds will be paid and redeemed on such that date. If the bonds are payable at some bank or financial institution, the county treasurer shall remit to the bank or financial institution, before such the interest due date, an amount sufficient to pay and redeem the bonds. If the bonds are not presented for payment and redemption on such the interest due date, the accrual of interest shall cease ceases on such the interest due date.

(3) Whenever there is money available in any school district debt service fund sufficient to pay and redeem one or more outstanding bonds not yet due or redeemable and not held by the state of Montana, the trustees of such the school district may direct the county treasurer to purchase such the bonds of the district if this can be done at not more than par and accrued interest or at such a reasonable premium as that the trustees may feel justified in paying, but in no case not exceeding 6%.

(4) Whenever the trustees cannot purchase outstanding bonds of the school district at a reasonable price, the available debt service fund money shall must be invested by the trustees under the provisions of 20-9-213(4). Such The investments shall must be sold in ample time before the debt service fund money is required for the payment of the bonds of the school district."

Section 316. Section 20-9-442, MCA, is amended to read:

"20-9-442. Entries of payments and notification of school district. The county treasurer shall make the necessary entries of all payments of interest and principal on his the treasurer's bond registration record and shall promptly notify the clerk of the school district when such the payments are made. The county treasurer also shall deliver the canceled coupons and bonds to the county clerk at the end of each month. The county clerk shall file such the canceled coupons and bonds in his the clerk's office."

Section 317. Section 20-10-112, MCA, is amended to read:

"20-10-112. Duties of superintendent of public instruction. In order to have a uniform and equal provision of transportation by all districts in the state of Montana, the superintendent of public instruction shall:

(1) prescribe rules and forms for the implementation and administration of the transportation policies adopted by the board of public education;

(2) prescribe rules for the approval of school bus routing by the county transportation committee;

(3) prescribe the format of the contract for individual transportation and supply each county superintendent with a sufficient number of such contracts;

(4) prescribe rules for the approval of individual transportation contracts, including the increases of the schedule rates due to because of isolation under the policy of the board of public education, and provide a degree-of-isolation chart to school district trustees to serve as a guide;

(5) approve, disapprove, or adjust all school bus routing submitted by the county superintendent;

(6) approve, disapprove, or adjust all individual transportation contracts submitted by the county superintendent;

(7) prescribe rules for the consideration of controversies appealed to him the superintendent and rule on such the controversies; and

(8) disburse the state transportation reimbursement in accordance with the provisions of law and the transportation policies of the board of public education."

Section 318. Section 20-10-121, MCA, is amended to read:

"20-10-121. Duty of trustees to provide transportation -- types of transportation -- bus riding time limitation. (1) The trustees of any a district may furnish transportation to an eligible transportee who attends a school of the district or has been granted permission to attend a school outside of the district. Whenever the trustees of a district provide transportation for any an eligible transportee, the trustees must shall provide all eligible transportees of the district with transportation. The trustees shall furnish transportation when directed to do so by the county transportation committee and such when that direction is upheld by the superintendent of public instruction.

(2) The tendering of a contract to the parent or guardian whereby under which the district would pay the parent or guardian for individually transporting the pupil or pupils shall fulfill fulfills the district's obligation to furnish transportation for an eligible transportee. The parent or guardian of an eligible transportee may, at his discretion, provide transportation or arrange for transportation for his the parent's or guardian's child at his the parent's or guardian's own expense to any district willing to accept his the child.

(3) The type of transportation provided by a district may be:

(a) by a school bus; or

(b) by such individual transportation as:

(i) paying the parent or guardian for individually transporting the pupil;

(ii) paying board and room reimbursements;

(iii) providing supervised correspondence study; or

(iv) providing supervised home study.

(4) When the parent or guardian of an elementary pupil consents to a trip of over 1 hour, the trustees may require such the eligible transportee to ride a school bus for more than 1 hour per each trip."

Section 319. Section 20-10-122, MCA, is amended to read:

"20-10-122. Discretionary provision of transportation and payment for this transportation. (1) The trustees of any a district also may provide school bus transportation to any pupil of a public school who is not an eligible transportee of the district:

(a) on a school bus conveying eligible transportees when the ineligible transportee will not displace an eligible transportee from such the school bus because of the lack of seating capacity;

(b) on a school bus operated by the district for the sole purpose of providing transportation for ineligible transportees. Such The school bus shall must service those children living the greatest distance from the school to be attended.

(c) on a school bus operated for the purpose of relieving congestion in a school building or to avoid the necessity of erecting a new building or for any other reasons of economy or convenience.

(2) When the trustees of a district provide school bus transportation to an ineligible transportee under the conditions of subsection (1)(a) or (1)(b), the district may charge each ineligible transportee his a proportionate share, as determined by the trustees, of the cost of operating such the school bus. Money realized from such the payments shall must be deposited to the credit of the transportation fund."

Section 320. Section 20-10-123, MCA, is amended to read:

"20-10-123. Provision of transportation for nonpublic school children. Any child attending a nonpublic school may ride a school bus when a permit to ride such the school bus is secured from the operating district by the parent or guardian of such the nonpublic school child and when there is seating capacity available on such the school bus. When a nonpublic school child rides a school bus, the operating district may charge such the child his a proportionate share, as determined by the trustees, of the cost of operating such the school bus. Money realized from such the payments shall must be deposited to the credit of the transportation fund."

Section 321. Section 20-15-209, MCA, is amended to read:

"20-15-209. Determination of approval or disapproval of proposition -- subsequent procedures if approved. (1) To carry, the proposal to organize the community college district must receive a majority of the total number of votes cast thereon, and the coordinator of community college districts, from the results so certified and attested, shall determine whether the proposal has received the majority of the votes cast thereon for each county within the proposed district and shall certify the results to the regents. Approval for the organization of a new community college district shall must be granted at the discretion of the legislature acting upon the recommendation of the regents. Should If the certificate of the coordinator of community college districts show shows that the proposition to organize such the community college district has received a majority of the votes cast thereon in each county within the proposed district, the regents may make an order declaring the community college district organized and cause a copy thereof of the order to be recorded in the office of the county clerk and recorder in each county in which a portion of such the new district is located. If the proposition carries, the regents also shall determine which candidates have been elected trustees. Should If the proposition to organize the community college district fail fails to receive a majority of the votes cast thereon, no a tabulation shall may not be made to determine the candidates elected trustees.

(2) Within 30 days of the date of the organization order, the regents shall set a date and call an organization meeting for the board of trustees of the community college district and shall notify the duly elected trustees of their membership and of the organization meeting. Such The notification shall must designate a temporary chairman presiding officer and secretary for the purposes of organization."

Section 322. Section 20-15-219, MCA, is amended to read:

"20-15-219. Qualifications for office of trustee -- nominating petitions. (1) Any person who is qualified to vote in a community college district under the provisions of 20-20-301 is eligible for the office of community college trustee.

(2) Any five electors of a community college district qualified under the provisions of 20-20-301 may nominate as many trustee candidates as there are trustee positions subject to election at the ensuing election. A nominating petition containing the signatures of the five electors and the name of each person nominated for candidacy must be submitted to the election clerk designated by the board of trustees no less than 30 days before the regular school election day at which he the person is to be a candidate. If there are different terms to be filled, the term for which each candidate is nominated must also be indicated."

Section 323. Section 20-15-222, MCA, is amended to read:

"20-15-222. Results of election -- qualifying oath -- term of office. (1) When the board of trustees of the community college district has received all the certified results of the election from the component elementary districts, the then-qualified members of the board of trustees of such the community college district shall tabulate the results so received, shall declare and certify the candidate or candidates receiving the greatest number of votes to be elected to the position or positions to be filled, and shall declare and certify the results of the votes cast on any proposition presented at such the election.

(2) (a) No A person who receives a certificate of election as a community college trustee may not assume the trustee position until he the person has qualified by taking an oath of office prescribed by the constitution of Montana at the next regularly scheduled meeting of the board of trustees after receipt of the certificate of election.

(b) If the elected person does not qualify in accordance with this requirement, another person must be appointed in a manner provided by 20-15-223 and shall serve until the next regular election.

(3) After a person has qualified for a trustee position, he the person shall hold such the position for the term of the position and until his a successor has been elected or appointed and has been qualified."

Section 324. Section 20-15-224, MCA, is amended to read:

"20-15-224. Board of trustees -- organization, meetings, quorum, mileage, and seal. (1) (a) The trustees of each community college district shall annually organize as a governing board of the community college district at the next regularly scheduled meeting after the regular election day and after the issuance of the election certificate to the newly elected trustees.

(b) In order to organize, the trustees of the community college district shall must be given notice by the coordinator of the time and place where the organization meeting will be held, and at such the meeting they shall choose one of their members as chairman presiding officer and as secretary. In addition, the trustees may employ or appoint a competent person who is not a member of the trustees as the clerk of the community college district.

(c) The chairman presiding officer and secretary of the trustees of the community college district shall serve until the next organization meeting. The chairman presiding officer shall preside at all meetings of the trustees in accordance with the customary rules of order. He The presiding officer shall perform the duties prescribed by this title and any other duties that normally pertain to such the office.

(2) The board of trustees of the community college shall hold monthly meetings within the community college district on such the day of the month the trustees may set. The president presiding officer and secretary of the board or a majority of the board may also call special meetings of the board of trustees at any time and place within the community college district if in their its judgment necessity requires it. the meeting. The secretary of the board shall give each member a 48-hour written notice of all special meetings.

(3) A majority of the board of trustees shall constitute constitutes a quorum for the transaction of business, except that no a contract shall may not be let, teacher employed or dismissed, or bill approved unless a majority of the total board membership shall vote votes in favor of such the action.

(4) A member of the board of trustees shall must receive mileage, as provided for in 2-18-503, for the distance necessarily traveled in going to and returning from the place of the meeting and his the member's place of residence each day that such the trip is actually made.

(5) The board shall keep a common seal with which to attest its official acts."

Section 325. Section 20-15-227, MCA, is amended to read:

"20-15-227. Trustee removal procedure. (1) Any person may seek the removal of a community college trustee by filing a complaint with the board of county commissioners, containing charges based on one or more of the grounds cited in 20-15-228.

(2) If upon receiving such a complaint it appears that there is probable cause for removal, the board of county commissioners shall suspend such the trustee from his the trustee position until charges can be heard in the appropriate district court. The board of county commissioners shall then transmit the complaint, together with a statement of suspension, to the district court."

Section 326. Section 20-15-228, MCA, is amended to read:

"20-15-228. Grounds for removal. A community college trustee may be removed whenever he if the trustee:

(1) moves his the trustee's residence from the applicable community college district;

(2) is no longer a registered elector of the community college district under the provisions of 20-20-301;

(3) is absent from the district 60 consecutive days;

(4) fails to attend three consecutive meetings of the trustees without reasonable cause;

(5) fails to perform responsibilities in accordance with 20-15-226; or

(6) ceases to have the capacity to hold office."

Section 327. Section 20-20-201, MCA, is amended to read:

"20-20-201. Calling of school election. (1) At least 40 days before any school election, the trustees of any a district shall call such the school election by resolution, stating the date and purpose of such the election, and shall conduct it in accordance with the procedures required by law, when:

(a) an election must be held on the regular school election day;

(b) in their discretion, the trustees order an election for a purpose authorized by law;

(d) the board of public education orders an election in accordance with the law authorizing such an order;

(e) the county commissioners order an election in accordance with the law authorizing such an order;

(f) the board of trustees of a community college district orders an election in accordance with the law authorizing such an order, (in which case the community college district shall bear its share of the cost of such the election); or

(g) a school election is required by law under any other circumstances.

(2) The resolution calling any school election shall must be transmitted to the county election administrator no later than 35 days before the election in order to enable him the administrator to close the registration and prepare the lists of registered electors as required by school election laws."

Section 328. Section 20-20-301, MCA, is amended to read:

"20-20-301. Qualifications of elector. An individual is entitled to vote at school elections if he the individual has the qualifications set forth in 13-1-111 and is a resident of the school district or, in a school district that has been apportioned into single-member trustee districts according to 20-3-337, a resident of the trustee district."

Section 329. Section 20-20-411, MCA, is amended to read:

"20-20-411. Conduct of election. Election judges shall conduct school elections in a manner that ensures a fair and unbiased determination of the matters put before the electorate and see that each elector has an adequate opportunity to cast his the elector's vote."

Section 330. Section 20-20-417, MCA, is amended to read:

"20-20-417. Request for county election administrator to conduct election. (1) By June 1 of each year, the trustees of any a district may request the county election administrator to conduct certain school elections during the ensuing school fiscal year.

(2) Whenever the county election administrator agrees to conduct a school election, he the administrator shall:

(a) perform the duties imposed on the trustees and the clerk of the district for school elections in 20-20-203, 20-20-313, and 20-20-401;

(b) conduct the election in accordance with the provisions of Title 13, chapters 13 and 15; and

(c) deliver to the trustees, for the purpose of canvassing the vote, the certified tally sheets and other items as provided in 13-15-301.

(3) Whenever the trustees request the county election administrator to conduct a school election, the school district shall pay the costs of the election as provided in 13-1-302."

Section 331. Section 20-25-101, MCA, is amended to read:

"20-25-101. Antidiscrimination. The Montana university system shall instruct men and women all individuals on equal terms."

Section 332. Section 20-25-226, MCA, is amended to read:

"20-25-226. Assents to acts of congress. (1) (a) The state of Montana assents to the provisions of an act of congress entitled "An Act to Provide for an Increased Annual Appropriation for Agricultural Experiment Stations and Regulating the Expenditure Thereof", approved March 16, 1906, and consents to receive the benefits thereof of the act in the manner and for the purposes intended and provided in the act.

(b) The agricultural experiment station shall must be the beneficiary of the funds in the act and shall use the funds only for the purposes therein provided in the act.

(c) The treasurer of Montana state university-Bozeman may receive all moneys money appropriated by the act, to be expended under the supervision of the regents in the manner designated in the act, and shall must receive, and shall hold, and account for the funds and make reports to the secretary of agriculture as required by the act.

(2) (a) The state accepts and assents to the terms and provisions of the act of congress approved May 8, 1914, entitled "An Act to Provide for Cooperative Agricultural Extension Work Between the Agricultural Colleges in the Several States Receiving the Benefits of an Act of Congress Approved July Second, Eighteen Hundred and Sixty-two, and of Acts Supplementary Thereto, and the United States Department of Agriculture".

(b) The president of Montana state university-Bozeman may enter into all necessary agreements with the secretary of agriculture of the United States for the receipt and expenditure of all money paid under the provisions of said the act.

(c) He The president may receive and expend such the money in accordance with the provisions of said the act and any agreements so made pursuant to the act."

Section 333. Section 20-25-242, MCA, is amended to read:

"20-25-242. Purpose of station. (1) It is the purpose of this the Montana forest and conservation experiment station to:

(a) study the forest and forest land resources of the state to the end that the state and its citizens may attain the highest economic and social benefits from the forest soils within the state and the influences and products flowing therefrom from forests;

(b) study the growth and the utilization of timber with special reference to their improvement and the widening of the markets available to the state;

(i) the relationship between the forest and water conservation and waterflow regulation;

(ii) the relationship between the forest and pasturage for domestic livestock and wildlife;

(iii) the relationship between the forest and recreation; and

(iv) those other direct and indirect benefits that may be secured by the maintenance of or the establishment of forests or woodlands;

(d) study and develop the establishment of windbreaks, shelterbelts, and woodlots on the farms of the state that moisture may be conserved thereby by windbreaks, shelterbelts, and woodlots for the best production of agricultural crops and forage, for the prevention of soil wastage and erosion, to make the farm home more comfortable, and to produce forest material for the use of the farmer and the stockman livestock producer;

(e) study the findings of other agencies so that the information thus obtained may be used to improve the growth, management, and utilization of the timber within the state and to protect it against damage by fire, insects, disease, and other harmful agencies;

(f) collect, compile, and publish statistics relative to Montana forests and forestry and the influences flowing therefrom from forests and forestry;

(g) prepare and publish bulletins and reports, along with the necessary illustrations and maps, so that the information collected by the station in forestry and in conservation may be made available for use; and distribute this information or material in such other ways as that the board of regents may direct;

(g)(h) collect a library and bibliography of literature pertaining to or useful for the purpose of 20-25-241 through 20-25-245;

(h)(i) study logging, lumbering, and milling operations and other operations dealing with the products of forest soils with special reference to their improvement;

(j) investigate and make tests of forest products produced or that may be produced within the state so that markets may be improved thereby;

(i)(k) consider such other scientific and economic problems as that, in the judgment of the board of regents, are of value to the people of the state;

(j)(l) cooperate with the other departments of the university of Montana-Missoula, with the departments of the state government when mutually beneficial, and with private individuals and agencies and cooperate with the United States government and its branches as a land-grant institution or otherwise in accordance with their regulations; and

(k)(m) establish such field experiment stations as that, in the judgment of the board of regents, may be necessary.

(2) The board of regents may accept, for and in behalf of the state of Montana, such gifts of land or other donations as that may be made to the state for the purposes of 20-25-241 through 20-25-245."

Section 334. Section 20-25-306, MCA, is amended to read:

"20-25-306. Designation of holidays by board of regents. (1) The board of regents of higher education may designate the following business days as holidays for all employees of the university system in exchange for the same number of legal holidays enumerated in 1-1-216:

(a) the Friday following Thanksgiving;

(b) the Monday before Christmas Day or New Year's Day if either holiday falls on Tuesday; and

(2) A full-time employee who is scheduled for a day off on a day that is designated as a holiday under subsection (1) is entitled to receive another day off with pay during the same pay period of the designated holiday or as scheduled by the employee and his the employee's supervisor in addition to the employee's regularly scheduled days off provided if the employee is in a pay status on his the last regularly scheduled working day immediately before the holiday or on his the first regularly scheduled working day immediately after the holiday. Part-time employees receive pay for the designated holiday on a prorated basis according to rules adopted by the department of administration or appropriate administrative officer under 2-18-604."

Section 335. Section 20-25-322, MCA, is amended to read:

"20-25-322. Traffic citations -- agreements with city or county. The president of each unit may in his discretion enter into an agreement with the city or county in which his the unit is located to authorize members of the unit's security department to issue citations for parking or moving traffic violations as defined by state or municipal laws which that occur within the boundaries of the campus or on streets or alleys contiguous thereto to the campus. All such citations shall must be considered within the jurisdiction of the appropriate local authority and shall must be handled in the same manner as citations issued by peace officers of such the local authority."

Section 336. Section 20-25-323, MCA, is amended to read:

"20-25-323. Control and direction of security department. The president of each unit shall have has general control and direction of the security department of his the unit."

Section 337. Section 20-25-504, MCA, is amended to read:

"20-25-504. Evidence as to domiciliary intent -- changes in status. (1) To determine the domicile of a person, the units of the system shall apply the following rules:

(a) Nonpayment of Montana income tax by a person whose income is sufficient to be taxed is highly persuasive evidence of non-Montana domicile.

(b) A person must shall intend to establish a domicile in Montana.

(2) After registration, a student's classification for tuition and fee purposes remains unchanged in the absence of evidence to the contrary. A written statement of the evidence shall must be filed with the registering authority of the unit. Changes in classification shall must be in writing signed by the registering authority and shall take effect at the student's next registration.

(3) A minor shall qualify for a change in status only if his the minor's parents or the parent having legal custody or, if neither parent has legal custody, the parent with whom he the minor customarily resides or legal guardian or person having legal custody completes the requirements for establishing domicile heretofore set forth.

(4) It is presumed a minor or adult registered as a full-time student at any unit is not qualified for a change in his or his the person's dependent's classification for tuition and fee purposes unless he the person completes 12 continuous months of residence while not attending a unit of the system or other institution of higher learning or while serving in the armed forces.

(5) Any student whose request for classification as a resident student is denied has the right of appeal to the executive secretary of the Montana university system. Immediately upon rejection and at the request of the student, the registering authority shall forward a copy of his the authority's decision and a complete file on the student to the executive secretary. The executive secretary may accept other evidence of residence from either the student, the registering authority, or other interested persons. Within 30 days of the receipt of the decision of the registering authority, the executive secretary shall determine the resident status of the student and shall notify the student and the registering authority of his the decision. The executive secretary's decision may be appealed to the regents if the regents agree to entertain such an appeal."

Section 338. Section 20-25-511, MCA, is amended to read:

"20-25-511. Student's right of privacy -- legislative intent. It is the legislature's intent that an institution of the university system of Montana is obligated to respect a student's right of privacy. This obligation must be observed by establishing procedures to safeguard the institution's activities which that are necessary to protect the health, safety, and privacy of a person's residence and the privacy of his the person's records. Intrusions by peace officers and other officials exercising responsibility for law enforcement must be governed by standards and procedures no less stringent than those applicable to intrusions on private quarters outside the institutions. Further, a A student may not be subjected to discrimination in the manner by the use of covert records."

Section 339. Section 20-25-512, MCA, is amended to read:

"20-25-512. Contracts waiving right to privacy prohibited. A university or college facility may not require a student to sign any contract which that would waive his or her the student's right to privacy and due process of law."

Section 340. Section 20-25-513, MCA, is amended to read:

"20-25-513. Written notice required for entry to student's room -- emergency. An authorized official of the university or college may not enter the room of a student located at such an institution unless he the official has given the student a notice in writing. An emergency such as a fire or a call for help or where when there is probable cause to believe the occupant needs assistance is the only exception to the written notice requirement. In such an emergency, evidence of a crime obtained as a result of such the emergency entry shall may not be admissible in any court of law unless due process of law has been satisfied in obtaining such the evidence."

Section 341. Section 20-25-516, MCA, is amended to read:

"20-25-516. Academic records to be kept separate -- student's right to examine records. (1) Academic records shall must be kept separate from disciplinary and all other records. Academic transcripts shall may contain only information of an academic nature.

(2) A student shall have has the right to examine all written summaries, descriptions, statements, or reports of an academic or disciplinary nature which that may have been compiled upon him or her the student."

Section 342. Section 20-25-603, MCA, is amended to read:

"20-25-603. Teacher instruction -- course required of education students. All units of the Montana university system and all private colleges and universities in Montana that offer any degree in education shall require that any person who receives any degree in education from that unit, private college, or private university after December 31, 1972, must have successfully completed a course in health education to include drug and alcohol education and abuse prior to being awarded his the degree."

Section 343. Section 20-25-703, MCA, is amended to read:

"20-25-703. Limitation on use of funds. No less than At least 70% of the funds allocated to the program shall must be used to provide job opportunities for students with demonstrated financial need. The remainder of the funds allocated to this program may be used to provide job opportunities on a basis other than financial need. Such The other bases include but are not limited to:

(1) laboratory, teaching, and tutorial assistantships requiring particular skills; and

(2) cases in which a student's family cannot demonstrate financial need but in which the student has a desire to contribute toward his the student's education through employment."

Section 344. Section 20-25-801, MCA, is amended to read:

"20-25-801. Western Regional Higher Education Compact approved. The legislature of the state of Montana hereby approves, ratifies, and adopts the Western Regional Higher Education Compact approved by the western governors conference meeting at Denver, Colorado, on November 10, 1950, which compact is as follows:

WESTERN REGIONAL HIGHER EDUCATION COMPACTARTICLE I (1) WHEREAS, the future of this nation and of the western states is dependent upon the quality of the education of its youth; and

(2) WHEREAS, many of the western states individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all of the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and

(3) WHEREAS, it is believed that the western states, or groups of such states within the region, cooperatively can provide acceptable and efficient educational facilities to meet the needs of the region and of the students thereof;

(4) NOW, THEREFORE, the states of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming and the territories of Alaska and Hawaii do hereby covenant and agree as follows:

ARTICLE II Each of the compacting states and territories pledges to each of the other compacting states and territories faithful cooperation in carrying out all the purposes of this compact.

ARTICLE III The compacting states and territories hereby create the western interstate commission for higher education, hereinafter called the commission. Said commission shall be a body corporate of each compacting state and territory and an agency thereof. The commission shall have all the powers and duties set forth herein, including the power to sue and be sued and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states and territories.

ARTICLE IV (1) The commission shall consist of three resident members from each compacting state or territory. At all times one commissioner from each compacting state or territory shall be an educator engaged in the field of higher education in the state or territory from which he the educator is appointed.

(2) The commissioners from each state and territory shall be appointed by the governor thereof as provided by law in such state or territory. Any commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been the commissioner is appointed.

(3) The terms of each commissioner shall be 4 years; provided, however, that the first three commissioners shall be appointed as follows: one for 2 years, one for 3 years, and one for 4 years. Each commissioner shall hold office until his a successor shall be appointed and qualified. If any office becomes vacant for any reason, the governor shall appoint a commissioner to fill the office for the remainder of the unexpired term.

ARTICLE V (1) Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the whole number of compacting states and territories.

(2) One or more commissioners from a majority of the compacting states and territories shall constitute a quorum for the transaction of business.

(3) Each compacting state and territory represented at any meeting of the commission is entitled to one vote.

ARTICLE VI (1) The commission shall elect from its number a chairman presiding officer and a vice-chairman vice presiding officer and may appoint and, at its pleasure, dismiss or remove such officers, agents, and employees as may be required to carry out the purpose of this compact and shall fix and determine their duties, qualifications, and compensation, having due regard for the importance of the responsibilities involved.

(2) The commissioners shall serve without compensation but shall be reimbursed for their actual and necessary expenses from the funds of the commission.

ARTICLE VII (1) The commission shall adopt a seal and bylaws and shall adopt and promulgate rules and regulations for its management and control.

(2) The commission may elect such committees as it deems necessary for the carrying out of its functions.

(3) The commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time but in any event must meet at least once a year. The chairman presiding officer may call such additional meetings and upon the request of a majority of the commissioners of three or more compacting states or territories shall call additional meetings.

(4) The commission shall submit a budget to the governor of each compacting state and territory at such time and for such period as may be required.

(5) The commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the region.

(6) On or before January 15 of each year, the commission shall submit to the governors and legislatures of the compacting states and territories a report of its activities for the preceding calendar year.

(7) The commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the governor of any compacting state or territory or his the governor's designated representative. The commission shall not be subject to the audit and accounting procedure of any of the compacting states or territories. The commission shall provide for an independent annual audit.

ARTICLE VIII (1) It shall be the duty of the commission to enter into such contractual agreements with any institutions in the region offering graduate or professional education and with any of the compacting states or territories as may be required in the judgment of the commission to provide adequate service and facilities of graduate and professional education for the citizens of the respective compacting states or territories. The commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health, and veterinary medicine and may undertake similar activities in other professional and graduate fields.

(2) For this purpose the commission may enter into contractual agreements:

(a) with the governing authority of any educational institution in the region or with any compacting state or territory to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties; and

(b) with the governing authority of any educational institution in the region or with any compacting state or territory to assist in the placement of graduate or professional students in educational institutions in the region providing the desired services and facilities, upon such terms and conditions as the commission may prescribe.

(3) It shall be the duty of the commission to undertake studies of needs for professional and graduate educational facilities in the region, the resources for meeting such needs, and the long-range effects of the compact on higher education and from time to time to prepare comprehensive reports on such research for presentation to the western governors' conference and to the legislatures of the compacting states and territories. In conducting such studies, the commission may confer with any national or regional planning body which may be established. The commission shall draft and recommend to the governors of the various compacting states and territories uniform legislation dealing with problems of higher education in the region.

(4) For the purpose of this compact the word "region" shall be construed to mean the geographical limits of the several compacting states and territories.

ARTICLE IX The operating costs of the commission shall be apportioned equally among the compacting states and territories.

ARTICLE X This compact shall become operative and binding immediately as to those states and territories adopting it whenever five or more of the states or territories of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska, and Hawaii have duly adopted it prior to July 1, 1953. This compact shall become effective as to any additional states or territories adopting thereafter at the time of such adoption.

ARTICLE XI This compact may be terminated at any time by consent of a majority of the compacting states or territories. Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and governor of such terminating state. Any state or territory may at any time withdraw from this compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until 2 years after written notice thereof by the governor of the withdrawing state or territory, accompanied by a certified copy of the requisite legislative action, is received by the commission. Such withdrawal shall not relieve the withdrawing state or territory from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state or territory may rescind its action of withdrawal at any time within the 2-year period. Thereafter, the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of the commission.

ARTICLE XII (1) If any compacting state or territory shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this compact, all rights, privileges, and benefits conferred by this compact or agreements hereunder shall be suspended from the effective date of such default as fixed by the commission.

(2) Unless such default shall be remedied within a period of 2 years following the effective date of such default, this compact may be terminated with respect to such defaulting state or territory by affirmative vote of three-fourths of the other member states or territories.

(3) Any such defaulting state may be reinstated by:

(a) performing all acts and obligations upon which it has heretofore defaulted; and

(b) application to and the approval by a majority vote of the commission."

Section 345. Section 20-25-806, MCA, is amended to read:

"20-25-806. Appointment of commissioners to the western interstate commission for higher education. (1) In making the appointments of commissioners provided for in 20-25-801, the governor shall appoint three members as follows:

(a) one member who is an educator engaged in the field of higher education in Montana;

(b) one member who is engaged in a professional occupation; and

(2) The term of each commissioner is 4 years as provided in the compact. The legislator appointed shall serve until the expiration of his the term of appointment, even though his the legislative term may have ended."

Section 346. Section 20-31-301, MCA, is amended to read:

"20-31-301. Organization -- procedural rules -- compensation of members. (1) The members of the fire services advisory council shall elect a chairman presiding officer, a vice-chairman vice presiding officer, and such other officers considered advisable by the council. The terms of the officers shall must be established by the council.

(2) The council shall adopt rules governing its procedures, subject to approval of the board of regents.

(3) Members of the council shall must receive compensation under 2-18-501 through 2-18-503."

Section 347. Section 22-1-101, MCA, is amended to read:

"22-1-101. State library commission established. (1) There is a state library commission.

(2) This commission is composed of the following members:

(a) the state superintendent of public instruction or his the superintendent's designee;

(b) five persons appointed by the governor, who shall serve staggered terms of 3 years; and

(c) a librarian appointed by the commissioner of higher education from one of the six units of the Montana university system, who shall serve a term of 3 years.

(3) The commission shall annually elect a chairman presiding officer from its membership.

(4) The members of said the commission shall must be compensated and receive travel expenses as provided for in 2-15-124."

Section 348. Section 22-1-308, MCA, is amended to read:

"22-1-308. Public library -- board of trustees. (1) Upon the establishment of a public library under the provisions of this part, the mayor, with the advice and consent of the city council or city commissioners, shall appoint a board of trustees for the city library and the chairman presiding officer of the board of county commissioners, with the advice and consent of said the board, shall appoint a board of trustees for the county library.

(2) The library board shall must consist of five trustees. Not more than one member of the governing body shall may be, at any one time, a member of such the board.

(3) Trustees shall serve without compensation, but their actual and necessary expenses incurred in the performance of their official duties may be paid from library funds.

(4) Trustees shall hold their office for 5 years from the date of appointment and until their successors are appointed. Initially, appointments shall must be made for 1-, 2-, 3-, 4-, and 5-year terms. Annually thereafter, there shall must be appointed before July 1 of each year, in the same manner as the original appointments for a 5-year term, a trustee to take the place of the retiring trustee. Trustees shall may not serve no more than two full terms in succession.

(5) Following such the appointments, in July of each year, the trustees shall meet and elect a chairman presiding officer and such other officers as that they deem consider necessary, for 1-year terms. Vacancies in the board of trustees shall must be filled for the unexpired term in the same manner as original appointments."

Section 349. Section 22-1-317, MCA, is amended to read:

"22-1-317. City-county library -- board of trustees. (1) A joint city-county library shall must be governed by a board of trustees composed of five members chosen as specified in the contract, with terms not to exceed 5 years.

(2) Trustees shall may not serve no more than two full terms in succession.

(3) Trustees shall serve without compensation, but their actual and necessary expenses incurred in the performance of their official duties may be paid from library funds.

(4) Trustees shall meet and elect a chairman a presiding officer and such other officers as that they consider necessary, for 1-year terms.

(5) The board of trustees shall have has the same powers and duties as the board of trustees of a city library or a county library."

Section 350. Section 22-1-506, MCA, is amended to read:

"22-1-506. Liability for injury to books or failure to return. Every A person who defaces, tears, or otherwise injures any book or other work or who fails to return any book taken by him the person is liable to the state in three times the value of the book thereof if such the book is not replaced by a new one or another book of identical title, in good order and condition;. and no A statute of limitations shall may not ever be effective against the claim of the state under this section."

Section 351. Section 22-1-601, MCA, is amended to read:

"22-1-601. Library compact. The Interstate Library Compact is hereby approved, enacted into law, and entered into by the state of Montana,. which The compact is in full as follows:

INTERSTATE LIBRARY COMPACTArticle I. Policy and Purpose Because the desire for the services provided by libraries transcends governmental boundaries and can most effectively be satisfied by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services which can be more economically or efficiently developed and maintained on a cooperative basis; and to authorize cooperation and sharing among localities, states, and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources make the provision of library service on an interstate basis the most effective way of providing adequate and efficient service.

Article II. Definitions As used in this compact:

(1) "public library agency" means any unit or agency of local or state government operating or having power to operate a library;

(2) "private library agency" means any nongovernmental entity which operates or assumes a legal obligation to operate a library;

(3) "library agreement" means a contract establishing an interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services.

Article III. Interstate Library Districts (1) Any one or more public library agencies in a party state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states which pursuant hereto remain applicable, such district may establish, maintain, and operate some or all of the library facilities and services for the area concerned in accordance with the terms of a library agreement therefor. Any private library agency or agencies within an interstate library district may cooperate therewith, assume duties, responsibilities, and obligations thereto, and receive benefits therefrom as provided in any library agreement to which such agency or agencies become party.

(2) Within an interstate library district, and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one or more arrangements between or among public or private library agencies for the extension of library privileges to the use of facilities or services operated or rendered by one or more of the individual library agencies.

(3) If a library agreement provides for joint establishment, maintenance, or operation of library facilities or services by an interstate library district, such district shall have power to do any one or more of the following in accordance with such library agreement:

(a) undertake, administer, and participate in programs or arrangements for:

(i) securing, lending, or servicing books and other publications, any other materials suitable to be kept or made available by libraries, or library equipment; or

(ii) for the dissemination of information about libraries, the value and significance of particular items therein, and the use thereof;

(b) accept for any of its purposes under this compact any and all donations and grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof or interstate agency or from any institution, person, firm, or corporation and receive, utilize, and dispose of the same;

(d) employ professional, technical, clerical, and other personnel and fix terms of employment, compensation, and other appropriate benefits; and where desirable, provide for the in-service training of such personnel;

(e) sue and be sued in any court of competent jurisdiction;

(f) acquire, hold, and dispose of any real or personal property or any interest or interests therein as may be appropriate to the rendering of library service;

(g) construct, maintain, and operate a library, including any appropriate branches thereof;

(h) do such other things as may be incidental to or appropriate for the carrying out of any of the foregoing powers.

Article IV. Interstate Library Districts, Governing Board (1) An interstate library district which establishes, maintains, or operates any facilities or services in its own right shall have a governing board which shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board which shall be organized and conduct its business in accordance with provision therefor in the library agreement. But in no event shall a governing board meet less often than twice a year.

(2) Any private library agency or agencies party to a library agreement establishing an interstate library district may be represented on or advise with the governing board of the district in such manner as the library agreement may provide.

Article V. State Library Agency Cooperation Any two or more state library agencies of two or more of the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing, and disposition of items or collections of materials which, by reason of expense, rarity, specialized nature, or infrequency of demand therefor would be appropriate for central collection and shared use. Any such programs, services, or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district, and an agreement embodying any such program, service, or arrangement shall contain provisions covering the subjects detailed in Article VI of this compact for interstate library agreements.

Article VI. Library Agreements (1) In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this compact shall, as among the parties to the agreement:

(a) detail the specific nature of the services, programs, facilities, arrangements, or properties to which it is applicable;

(b) provide for the allocation of costs and other financial responsibilities;

(d) set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriate to the proper effectuation and performance of the agreement.

(2) No public or private library agency shall undertake to exercise, itself or jointly with any other library agency, by means of a library agreement, any power prohibited to such agency by the constitution or statutes of its state.

(3) No library agreement shall become effective until filed with the compact administrator of each state involved and approved in accordance with Article VII of this compact.

Article VII. Approval of Library Agreements (1) Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general of each state in which a public library agency party thereto is situated, who shall determine whether the agreement is in proper form and compatible with the laws of his that state. The attorneys general shall approve any agreement submitted to them unless they shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within 90 days of its submission shall constitute approval thereof.

(2) In the event that a library agreement made pursuant to this compact shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him the officer or it as to all matters within his the officer's or its jurisdiction in the same manner and subject to the same requirements governing the action of the attorneys general pursuant to paragraph (1) of this article. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general.

Article VIII. Other Laws Applicable Nothing in this compact or in any library agreement shall be construed to supersede, alter, or otherwise impair any obligation imposed on any library by otherwise applicable law nor to authorize the transfer or disposition of any property held in trust by a library agency in a manner contrary to the terms of such trust.

Article IX. Appropriations and Aid (1) Any public library agency party to a library agreement may appropriate funds to the interstate library district established thereby in the same manner and to the same extent as to a library wholly maintained by it and, subject to the laws of the state in which such public library agency is situated, may pledge its credit in support of an interstate library district established by the agreement.

(2) Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which such district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies.

Article X. Compact Administrator Each state shall designate a compact administrator with whom copies of all library agreements to which his the administrator's state or any public library agency thereof is party shall be filed. The administrator shall have such other powers as may be conferred upon him the administrator by the laws of his that state and may consult and cooperate with the compact administrators of other party states and take such steps as may effectuate the purposes of this compact. If the laws of a party state so provide, such state may designate one or more deputy compact administrators in addition to its compact administrator.

Article XI. Entry into Force and Withdrawal (1) This compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state upon the enactment thereof by such state.

(2) This compact shall continue in force with respect to a party state and remain binding upon such state until 6 months after such state has given notice to each other party state of the repeal thereof. Such withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided therein.

Article XII. Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters."

Section 352. Section 22-2-103, MCA, is amended to read:

"22-2-103. Council membership -- tenure -- compensation. The term of office of each member is 5 years. The governor shall designate a chairman presiding officer and a vice-chairman vice presiding officer from the members of the council to serve in those capacities at the pleasure of the governor. The chairman presiding officer is the chief executive officer of the council. Each vacancy must be filled for the balance of the unexpired term in the same manner as the original appointment. The members of the council must be compensated and receive travel expenses as provided for in 2-15-124."

Section 353. Section 22-2-403, MCA, is amended to read:

"22-2-403. Definitions. As used in this part, the following definitions apply:

(1) (a) "Artist" means a practitioner in the visual arts generally recognized by his the practitioner's peers or critics as a professional who produces works of art.

(b) The term does not include the project architect, or any member of his the architect's firm, of a new state building that is to have works of art under the provisions of this part.

(2) "New state building" means any structure to be built, remodeled, or renovated with money appropriated by the legislature that is, in the opinion of the architecture and engineering division of the department of administration, appropriate for the inclusion of works of art.

(3) (a) "Work of art" means any work of visual art, including but not limited to a drawing, painting, mural, fresco, sculpture, mosaic, photograph, work of calligraphy, work of graphic art (including an etching, lithograph, offset print, or silk screen), craft (including crafts in clay, textile, fiber, wood, metal, plastic, or glass), or mixed media (including a collage, assemblage, or any combination of art media).

(b) The term does not include environmental landscaping."

Section 354. Section 22-2-406, MCA, is amended to read:

"22-2-406. Administration -- selection of works of art. (1) The Montana arts council is primarily responsible for the administration of this part. The council must shall:

(a) submit its recommendations to the architecture and engineering division of the department of administration for inclusion in the report required by Title 17, chapter 7, part 2, concerning the appropriateness of any such building for the inclusion of works of art, a description of the types of works of art suggested for inclusion in the building, and the anticipated costs of acquisition, maintenance, and administrative expenses associated with the suggested works of art.;

(b) appoint a three-member screening committee for each new state building to recommend artists to be commissioned or completed works of art to be purchased. The committee must consist consists of the project architect or his the architect's designee, a professional artist, and a representative from the user agency who is a resident of the community in which the new state building is to be constructed.

(c) select;, commission the artist for;, review the design, execution, and placement of;, and finally accept all works of art. The Montana arts council must shall consult with the screening committee in fulfilling the requirements of this subsection (1)(c).

(d) assist in contract negotiations with artists who are selected;

(e) ensure that works of art acquired for display under the provisions of this part are displayed in such a manner that they are in public view;

(f) ensure that each work of art is properly maintained and may use the funds provided for in 22-2-404 or any other funds available for such maintenance; and

(g) maintain a close working relationship with the artist throughout each project.

(2) No A payment may not be made to any artist for works of art under this part without prior authorization of the Montana arts council."

Section 355. Section 22-3-431, MCA, is amended to read:

"22-3-431. Registration of heritage properties. (1) Any citizen of Montana may submit to the historic preservation officer for his consideration the necessary forms to nominate heritage properties to the register.

(2) (a) For private properties, the historic preservation officer shall notify the owner of the property and allow him the owner a reasonable period of time to concur or object to the nomination of the property for registration. If the owner of the property, or a majority of owners if the property has more than one owner, objects to registration, the historic preservation officer may not nominate the property unless the objection is withdrawn. If there are no such objections, the historic preservation officer may, upon approval by the preservation review board, nominate heritage properties to the register.

(b) The historic preservation officer and the preservation review board may review the nomination of property that was not nominated due to because of owner objection to determine whether the property is eligible for registration. If the historic preservation officer and the preservation review board determine that the property is eligible for registration, the preservation officer shall provide for the register information about the property for determination of registration eligibility.

(c) The historic preservation officer shall follow the procedures mandated by 36 CFR 60.6 relating to seeking property owner concurrence or objection to registration.

(3) For lands owned by the state, a county, or a municipality, the historic preservation officer may, upon approval by the preservation review board, nominate heritage properties to the register. The historic preservation officer shall notify the appropriate governmental agency and give public notice when any such governmental property is being considered for nomination. Unless agency or public objections are submitted in writing within 30 days after notification, the historic preservation officer shall complete the nominations. When an agency or any citizen of Montana submits written objections, the historic preservation officer shall consider the objections and may conduct a public hearing. If a hearing is held, it shall must be commenced within 30 days after the final date for submission of written objections. Within 60 days after submission of the objections or after the public hearing, the historic preservation officer shall make a final decision on the proposed registration and prepare a statement responsive to the objections submitted."

Section 356. Section 22-3-432, MCA, is amended to read:

"22-3-432. Antiquities permits. (1) No A person may not excavate, remove, or restore any heritage property or paleontological remains on lands owned by the state without first obtaining an antiquities permit from the historic preservation officer.

(2) Antiquities permits are to be granted only after careful consideration of the application for a permit and after consultation with the appropriate state agency. Permits are subject to strict compliance with the following guidelines:

(a) Antiquities permits may be granted only for work to be undertaken by reputable museums, universities, colleges, or other historical, scientific, or educational institutions, societies, or persons with a view toward dissemination of knowledge about cultural properties, provided no such a permit may not be granted unless the historic preservation officer is satisfied that the applicant possesses the necessary qualifications to guarantee the proper excavation of those sites and objects that may add substantially to man's knowledge about Montana and its antiquities.

(b) The antiquities permit must specify that a summary report of such the investigations, containing relevant maps, documents, drawings, and photographs, must be submitted to the historic preservation officer. The historic preservation officer shall determine the appropriate time period allowable between all work undertaken and submission of the summary report.

(3) All heritage property and paleontological remains collected under an antiquities permit are the permanent property of the state and must be deposited in museums or other institutions within the state or loaned to qualified institutions outside the state, unless otherwise provided for in the antiquities permit.

(4) An antiquities permit is not a substitution for any other type of permit that a state agency may require for other purposes."

Section 357. Section 22-3-701, MCA, is amended to read:

"22-3-701. Creation of law enforcement officers' memorial. The memorial in the Montana law enforcement museum, located in the old Montana state prison, Deer Lodge, Montana, which is dedicated to the men and women individuals who have served their communities and the state of Montana as law enforcement officers and have been killed or died in the line of duty, is designated as this state's official law enforcement officers' memorial."

Section 358. Section 22-3-805, MCA, is amended to read:

"22-3-805. Discovery -- reporting requirements -- field review. (1) A person who by archaeological excavation or by agricultural, mining, construction, or other ground-disturbing activity discovers human skeletal remains, a burial site, or burial material shall immediately notify the county coroner. Failure to notify the county coroner subjects a person to the penalty provided in 22-3-808.

(2) Upon discovery of human skeletal remains, a burial site, or burial material, excavation or further disturbance must cease until the coroner has determined whether the remains are subject to the provisions of Title 46, chapter 4, or any other related provisions of law concerning the investigation of the circumstances, manner, and cause of death or whether a forensic examination of the human skeletal remains, burial site, or burial material is necessary. The coroner shall make his a determination within 2 working days from the time the person responsible for the excavation notifies him the coroner of the discovery or recognition of the remains. If the coroner cannot make the determination within 2 working days, he the coroner shall notify a member of the board of the reason for and the approximate length of the delay. The coroner shall take all reasonable steps to make his a determination without removing or causing further disturbance of the remains.

(3) If a forensic examination, action under Title 46, chapter 4, or action under any other related provisions of law concerning the investigation of the circumstances, manner, and cause of death is necessary and yields evidence of criminal activity, the evidence may be seized by the coroner or law enforcement agency with jurisdiction for use in a criminal proceeding as provided by law.

(4) If the coroner determines that the remains are not subject to the provisions of Title 46, chapter 4, or any other provisions of law concerning the investigation of the circumstances, manner, and cause of death and that a forensic examination is not necessary, he the coroner shall telephone the state historic preservation officer within 24 hours. Within 24 hours of notification, the state historic preservation officer shall contact either the landowner and the board or the landowner and the board member representing the nearest reservation and notify them of the discovery of human skeletal remains, a burial site, or burial material.

(5) If the state historic preservation officer cannot be contacted, the coroner shall notify a member of the board or the law enforcement agency of the nearest reservation within 24 hours. The board or the agency shall immediately notify the landowner and the board member representing that reservation.

(6) Within 36 hours after the board receives notification of a discovery of human skeletal remains, a burial site, or burial material, the board shall designate representatives to conduct, with the permission of the landowner, an initial field review. If the field review cannot be completed within the next 36 hours, the board's representatives shall negotiate with the landowner or his the landowner's representative for a reasonable time extension to complete the review. The field review must include:

(a) a determination of whether the site can be preserved;

(b) negotiation with the landowner concerning onsite reburial or disinterment and reburial; and

(c) a recommendation, including a timeframe, concerning final treatment or disposition of the human skeletal remains or burial material.

(7) If the board's representatives fail to make a recommendation or if the landowner and the board cannot agree and mediation fails to provide, within 40 days after notification to the board, a resolution acceptable to the landowner and the board, the human skeletal remains and burial materials must be removed and control is vested in the board. The board shall give control of the remains or materials in the following priority to:

(a) the descendants, if identifiable;

(b) the tribe or other cultural group that has the closest cultural affiliation with the human skeletal remains or burial materials;

(c) the tribe or other cultural group recognized as having aboriginally or historically occupied the area where the remains or materials were discovered if, upon notification by the board, the tribe or cultural group states a claim for the remains or materials; or

(d) if unclaimed by any tribe or cultural group, the board, which shall determine the appropriate disposition and oversee the reinterment of the remains and materials.

(8) For purposes of this section, "cultural group" means a present-day group or organization that has a relationship of shared group identity which that can be reasonably traced historically or prehistorically to an identifiable earlier group or organization."

Section 359. Section 22-3-806, MCA, is amended to read:

"22-3-806. Scientific analysis -- permit required. (1) Although onsite reburial is preferred, the board may, upon petition by a person seeking permission to perform scientific analysis, grant a permit for the scientific removal and analysis of human skeletal remains and burial material upon proof and determination by the board that the analysis is scientifically justifiable. A petition for a permit must include:

(a) payment of the nonrefundable application fee provided for in 22-3-804; and

(b) a brief narrative describing the methodology to be used, the timeframe needed to complete the scientific study, and any other information specifically requested by the board relating to the proposed study.

(2) The methodology proposed must be reviewed by the state historic preservation officer or his the officer's designated representative and the physical anthropologist on the board, and a recommendation must be made to the full board. Once approved by the board, any change in methodology or in the timeframe must be approved by the board before the original timeframe expires. The timeframe for scientific study may not exceed 12 months from the date of issuance of the permit.

(3) A permit for scientific analysis issued by the board is subject to terms, conditions, and procedures prescribed by the board and must include the condition that a permittee shall pay all costs of excavation, study, and disposition.

(4) The board shall either issue or deny a permit within 30 working days from the date of the permit petition. If the board denies a permit upon a finding that scientific analysis is not justifiable, the board shall provide the applicant with a written statement outlining the grounds for its finding. The applicant may appeal the decision of the board under the provisions of Title 2, chapter 4, part 6, of the Montana Administrative Procedure Act.

(5) The board may suspend or revoke a permit pursuant to the Montana Administrative Procedure Act upon a finding that the permittee has violated any provision of this part or any term, condition, or procedure of a permit issued by the board.

(6) The provisions of this section do not apply to a forensic examination by the county coroner, action under Title 46, chapter 4, or action under any other related provisions of law concerning the investigation of the circumstances, manner, and cause of death."

Section 360. Section 23-2-301, MCA, is amended to read:

"23-2-301. Definitions. For purposes of this part, the following definitions apply: