Montana Code 17-8-104. Civil penalties and remedies for violation
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 that individual’s bond is also liable to the state for the amount of the excess 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.
Terms Used In Montana Code 17-8-104
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(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 guilty of wrongdoing and is subject to removal from office or from 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.