2-16-602. Definitions. As used in this part, the following definitions apply:

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Terms Used In Montana Code 2-16-602

  • Political subdivision: means a local government unit including but not limited to a county, city, or town established under authority of Article XI, section 1, of The Constitution of the State of Montana or a school district. See Montana Code 2-16-602
  • 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

(1)”Political subdivision” means a local government unit including but not limited to a county, city, or town established under authority of Article XI, section 1, of The Constitution of the State of Montana or a school district.

(2)”Public office” means a position of duty, trust, or authority created by the constitution or by the legislature or by a political subdivision through authority conferred by the constitution or the legislature that meets the following criteria:

(a)the position must possess a delegation of a portion of the sovereign power of government to be exercised for the benefit of the public;

(b)the powers conferred and the duties to be discharged must be defined, directly or impliedly, by the constitution, the legislature, or by a political subdivision through legislative authority;

(c)the duties must be performed independently and without control of a superior power other than the law, unless the legislature has created the position and placed it under the general control of a superior office or body; and

(d)the position must have some permanency and continuity and not be only temporary or occasional.

(3)”State-district” means a public service commission district, a legislative representative or senatorial district, or a judicial district.