2-15-1808. Board of investments — allocation — composition — quasi-judicial. (1) There is a board of investments within the department of commerce.

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Terms Used In Montana Code 2-15-1808

  • Department: means a principal functional and administrative entity that:

    (a)is created by this chapter within the executive branch of state government;

    (b)is one of the 20 principal departments permitted under the constitution; and

    (c)includes its units. See Montana Code 2-15-102

  • Director: means a department head specifically referred to as a director in this chapter and does not mean a commission, board, commissioner, or constitutional officer. See Montana Code 2-15-102
  • Ex officio: Literally, by virtue of one's office.

(2)Except as otherwise provided in this subsection, the board is allocated to the department for administrative purposes as prescribed in 2-15-121. The board may employ a chief investment officer and an executive director who have general responsibility for selection and management of the board’s staff and for direct investment and economic development activities. The board shall prescribe the duties and annual salaries of the chief investment officer, executive director, and six professional staff positions. The chief investment officer, executive director, and six professional staff serve at the pleasure of the board.

(3)The board is composed of nine members appointed by the governor, as prescribed in 2-15-124, and two ex officio, nonvoting members. The members are:

(a)one member from the public employees’ retirement board, provided for in 2-15-1009, and one member from the teachers’ retirement board provided for in 2-15-1010. If either member of the respective retirement boards ceases to be a member of the retirement board, the position of that member on the board of investments is vacant, and the governor shall fill the vacancy in accordance with 2-15-124.

(b)seven members who will provide a balance of professional expertise and public interest and accountability, who are informed and experienced in the subject of investments, and who are representatives of:

(i)the financial community;

(ii)small business;

(iii)agriculture; and

(iv)labor; and

(c)two ex officio, nonvoting legislative liaisons to the board, of which one must be a senator appointed by the president of the senate and one must be a representative appointed by the speaker of the house. The liaisons may not be from the same political party. Preference in appointments is to be given to legislators who have a background in investments or finance. The legislative liaisons shall serve from appointment through each even-numbered calendar year and may attend all board meetings. Legislative liaisons appointed pursuant to this subsection (3)(c) are entitled to compensation and expenses, as provided in 5-2-302, to be paid by the legislative council.

(4)The board is designated as a quasi-judicial board for the purposes of 2-15-124.