Montana Code 2-15-122. Creation of advisory councils
2-15-122. Creation of advisory councils. (1) (a) A department head or the governor may create advisory councils.
Terms Used In Montana Code 2-15-122
- Advisory capacity: means furnishing advice, gathering information, making recommendations, and performing other activities that may be necessary to comply with federal funding requirements and does not mean administering a program or function or setting policy. See Montana Code 2-15-102
- Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-15-102
- 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
- Department head: means a director, commission, board, commissioner, or constitutional officer in charge of a department created by this chapter. See Montana Code 2-15-102
- Executive branch: means the executive branch of state government referred to in Article III, section 1, and Article VI of the Montana constitution. See Montana Code 2-15-102
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Quorum: The number of legislators that must be present to do business.
- 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)An agency or an official of the executive branch of state government other than a department head or the governor, including the superintendents of the state’s institutions and the presidents of the units of the state’s university system, may also create advisory councils but only if federal law or regulation requires that the official or agency create the advisory council as a condition to the receipt of federal funds.
(c)The board of public education, the board of regents of higher education, the state board of education, the attorney general, the state auditor, the secretary of state, and the superintendent of public instruction may create advisory councils, which shall serve at their pleasure, without the approval of the governor. The creating authority shall file a record of each council created by it in the office of the governor and the office of the secretary of state in accordance with subsection (9).
(2)Each advisory council created under this section must be known as the “…. advisory council”.
(3)The creating authority shall:
(a)prescribe the composition and advisory functions of each advisory council created;
(b)appoint its members, who shall serve at the pleasure of the creating authority; and
(c)specify a date when the existence of each advisory council ends.
(4)Advisory councils may be created only for the purpose of acting in an advisory capacity, as defined in 2-15-102.
(5)(a) Unless an advisory council member is a full-time salaried officer or employee of this state or of any political subdivision of this state, the member is entitled to be paid in an amount to be determined by the department head, not to exceed $100 for each day in which the member is actually and necessarily engaged in the performance of council duties and to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503, incurred while in the performance of council duties.
(b)Members who are full-time salaried officers or employees of this state or of any political subdivision of this state are not entitled to be compensated for their service as members but are entitled to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503.
(6)Unless otherwise specified by the creating authority, at its first meeting in each year, an advisory council shall elect a presiding officer and other officers that it considers necessary.
(7)Unless otherwise specified by the creating authority, an advisory council shall meet at least annually and shall also meet on the call of the creating authority or the governor and may meet at other times on the call of the presiding officer or a majority of its members. An advisory council may meet anywhere within the state of Montana or by remote means.
(8)A majority of the membership of an advisory council constitutes a quorum to do business.
(9)Except as provided in subsection (1)(c), an advisory council may not be created or appointed by a department head or any other official without the approval of the governor. In order for the creation or approval of the creation of an advisory council to be effective, the governor shall file in the governor’s office and in the office of the secretary of state a record of the council created showing:
(a)the council’s name, in accordance with subsection (2);
(b)the council’s composition;
(c)the appointed members, including names and addresses;
(d)the council’s purpose; and
(e)the council’s term of existence, in accordance with subsection (10).
(10)An advisory council may not be created to remain in existence longer than 2 years after the date of its creation or beyond the period required to receive federal or private funds, whichever occurs later, unless extended by the appointing authority in the manner set forth in subsection (1). If the existence of an advisory council is extended, the appointing authority shall specify a new date, not more than 2 years later, when the existence of the advisory council ends and file a record of the order in the office of the governor and the office of the secretary of state. The existence of any advisory council may be extended as many times as necessary.
(11)For the purposes of this section, “remote means” includes telephone audio, teleconference, or videoconference.