Montana State Government

Last updated
Flag of Montana.svg
Montana-StateSeal.svg

As established and defined by the Montana Constitution, the government of the State of Montana is composed of three branches, the Executive, Judicial, and Legislative. The powers of initiative and referendum are reserved for the citizens of Montana.

Contents

The second and current state constitution was enacted in 1972. [1] Among its changes, it stipulated that all Montanans' access to their government is a constitutionally protected right, and it includes the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions. [2]

Legislative Branch

Like the federal government and 48 other states, Montana has a bicameral legislature composed of two chambers, a 100-member House of Representatives and a 50-member Senate. Legislators are elected by popular vote. As of 1992 term limits were enacted limiting House members to four 2-year terms, and Senate members to two 4-year terms. The Montana State Legislature convenes only on odd-numbered years, and for 90-day periods. In addition, state law allows for the legislature to be convened in special session by the governor or at the written request of a majority of the members. As of 2005, the Montana Legislature has been convened in special session thirty times in its history. [3]

Executive branch

The daily administration of the state’s laws, as defined in the Montana Code Annotated, are carried out by the chief executive—the Governor, and their second in command the Lieutenant Governor, the Secretary Of State, the Attorney General, the Superintendent of Public Instruction, the State Auditor, and by the staff and employees of the 14 executive branch agencies.

Acknowledging the importance of providing for an orderly arrangement in the administrative organization of state government, the number of principal departments from which all executive and administrative offices, boards, bureaus, commissions, agencies and instrumentalities of the executive branch (except for the office of governor, lieutenant governor, secretary of state, attorney general, superintendent of public instruction, and auditor) must perform their respective functions, powers, and duties, is constitutionally limited to not more than 20 principal departments. [4] Currently the state operates with 14 principal departments. Provision is made within the state constitution for the establishment of temporary commissions not allocated within a department.

Executive branch agencies

DepartmentDescription
AdministrationProvides general and administrative services in the areas of financial services, facilities management, public procurement, printing, mailing, surplus property management, architectural and engineering services, risk management and tort defense, personnel services, labor relations, information technology, and professional development.
AgricultureProtects producers and consumers, enhances and develops agricultural and allied industries through its agricultural sciences and agricultural development divisions.
CommerceActs as an information broker for businesses and communities in the areas of economic and community development. Promotes Montana as a place to visit, to locate business, and to film motion pictures, commercials, documentaries, and features.
Corrections Operates and administrates the state's adult and juvenile correctional facilities including the Montana State Prison located in Deer Lodge and the Montana Women's Prison located in Billings. Supervises probationers and parolees.
Environmental QualityProtects, sustains, and improves a clean and healthful environment to benefit present and future generations. This is accomplished through managing, planning, and enforcing air and water quality laws and administrative rules. Remediation responsibilities include overseeing investigation and cleanup activities at state and federal Superfund sites to ensure compliance with applicable state and federal regulations, and to prevent exposure of potential human and ecological receptors to hazardous or toxic materials that have been released to soil, sediment, surface water, or groundwater.
Fish, Wildlife and Parks Provides for the stewardship of the state's fish, wildlife, parks and recreational resources through the management of state fisheries, parks and trails, and regulates state wildlife resources. Enforces state fish, wildlife, and parks laws, as well as boating, snowmobile, off-highway rules and regulations.
Labor and IndustryRegulates and manages workers' compensation program, provides assistance to employers in filing quarterly wage reports and paying unemployment insurance tax, and administrates unemployment insurance claims for eligible unemployed workers. Upholds public policy as it relates to employment relationships and illegal discrimination. Through its workforce centers in cities across the state the agency provides job seekers and employers the resources and forums to maintain a high quality workforce.
LivestockPrimary mission is to control and eradicate animal diseases, prevent the transmission of animal diseases to humans, and to protect the livestock industry from theft and predatory animals. Conducts enforcement and investigative work in the tracking of livestock ownership and in the deterrence and/or solution of related criminal activities Also monitors and regulates the horse racing industry in the state.
Military AffairsOversees all activities of the Army and Air National Guard, Disaster and Emergency Services Division, and provides administrative support to the Veterans Affairs Division, which is administratively attached to the department. The department is administered by the Adjutant General and his staff.
Natural Resources and Conservation Promotes stewardship of Montana's water, soil, forest, and rangeland resources; regulates forest practices and oil and gas exploration and production, and administers several grant and loan programs. The Fire and Aviation Management program is responsible for protecting 50,000,000 acres (200,000 km2) of state and private forest and watershed lands from wildfire, while the Tree and Shrub Nursery program grows and sells seedlings for conservation and reforestation plantings on state and private lands.
Public Health and Human ServicesThe largest agency within state government, DPHHS administrates a wide range of public assistance programs including; Medicaid, Temporary Assistance for Needy Families (TANF), food stamps, special supplemental nutrition program for Women, Infants, and Children (WIC), Children's Health Insurance Plan (CHIP), energy assistance, child care assistance. Other programs and services provided by the agency include; adoption services, services for the aging, child support, disability services, drug & alcohol addiction, mental health services and facilities. Oversees the coordination of the public health system in Montana through organized efforts to prevent, identify, and counter threats to the health of the public. Programs range in scope from nutrition support and Health Education, to screening services, to preventive services and surveillance systems for infectious and chronic diseases.
RevenueThe agency responsible for; overseeing revenue collection activity and audits, verifying compliance with state tax laws, and for the valuation and assessment of real and personal property for property tax purposes. The agency also administers the state's Alcoholic Beverage Code, which governs the control, sale and distribution of alcoholic beverages.
Transportation The agency responsible for transportation systems and services, including the state’s highway and rail systems, and air service. Primary responsibilities include; public transportation and rail programs and planning, general aviation airport planning, management of the state motor pool, maintenance of state highways, bridges and rest areas, motor fuel collection and enforcement, enforcement of vehicle weight and dimension laws and the Outdoor Advertising Control Act, and highway traffic safety. Duties include; planning and design activities, contract administration, materials design and testing, fiscal programming and cost accounting, and property acquisition.

Commissions, Councils, Boards and Offices

Judicial Branch

The highest court in the state is the Montana Supreme Court. The court hears cases pertaining to the disputes involving Montana State Government, and interprets; state statutes, the State constitution, and administrative rules. Unlike most state court systems and the federal judiciary, Montana does not have an intermediate appellate court; the State Supreme Court must hear all appeals. The Montana Supreme Court has other duties, including lawyer discipline and revisions of various rules, such as the Montana Rules of Civil and Appellate Procedure, the Rules of Professional Conduct that apply to Montana lawyers, and the Rules of Lawyer Disciplinary Enforcement that govern lawyer discipline cases. On occasion, the Montana Supreme Court also must determine whether to impose judicial discipline as recommended by the Judicial Standards Commission. The Montana Water Court adjudicates matters of water rights within the state.

The Judicial power of the State of Montana is vested in the following:

See also

Related Research Articles

<span class="mw-page-title-main">Government of California</span> Governmental structure of the U.S. state of California

The government of California is the governmental structure of the U.S. state of California as established by the California Constitution. California uses the separation of powers system to structure its government. It is composed of three branches: the executive, consisting of the governor of California and the other constitutionally elected and appointed officers and offices; the legislative, consisting of the California State Legislature, which includes the Assembly and the Senate; and the judicial, consisting of the Supreme Court of California and lower courts. There is also local government, consisting of counties, cities, special districts, and school districts, as well as government entities and offices that operate independently on a constitutional, statutory, or common law basis. The state also allows direct participation of the electorate by initiative, referendum, recall and ratification.

<span class="mw-page-title-main">New Hampshire Supreme Court</span> Highest court in the U.S. state of New Hampshire

The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive Council to serve during "good behavior" until retirement or the age of seventy. The senior member of the Court is able to specially assign lower-court judges, as well as retired justices, to fill vacancies on the Court.

<span class="mw-page-title-main">Government of Maryland</span> State government of the United States

The government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by the Constitution of the United States.

<span class="mw-page-title-main">Government of Florida</span> Government of a U.S. state

The government of Florida is established and operated according to the Constitution of Florida and is composed of three branches of government: the executive branch consisting of the governor of Florida and the other elected and appointed constitutional officers; the legislative branch, the Florida Legislature, consisting of the Senate and House; and the judicial branch consisting of the Supreme Court of Florida and lower courts. The state also allows direct participation of the electorate by initiative, referendum, and ratification.

<span class="mw-page-title-main">Government of Alabama</span>

The government of Alabama is organized under the provisions of the 1901 Constitution of Alabama, the lengthiest constitution of any political entity in the world. Like other states within the United States, Alabama's government is divided into executive, judicial, and legislative branches. Also like any other state, these three branches serve a specific purpose in terms of power.

<span class="mw-page-title-main">Government of Oklahoma</span> Government of the U.S. state of Oklahoma

The government of the U.S. State of Oklahoma, established by the Oklahoma Constitution, is a republican democracy modeled after the federal government of the United States. The state government has three branches: the executive, legislative, and judicial. Through a system of separation of powers or "checks and balances," each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches.

<span class="mw-page-title-main">Government of Oregon</span> Government of the U.S. state of Oregon

The government of the U.S. state of Oregon, as prescribed by the Oregon Constitution, is composed of three government branches: the executive, the legislative, and the judicial. These branches operate in a manner similar to that of the federal government of the United States.

<span class="mw-page-title-main">Government of New Jersey</span> Overview of the government of the U.S. state of New Jersey

The government of the State of New Jersey is separated into three distinct branches: legislative, executive, and judicial. The powers of the State of New Jersey are vested by the Constitution of New Jersey, enacted in 1947, in a bicameral state legislature, the Governor, and the state courts, headed the New Jersey Supreme Court. The powers and duties of these branches are further defined by acts of the state legislature, including the creation of executive departments and courts inferior to the Supreme Court.

<span class="mw-page-title-main">Government of New York (state)</span> Government of the U.S. state of New York

The Government of the State of New York, headquartered at the New York State Capitol in Albany, encompasses the administrative structure of the U.S. state of New York, as established by the state's constitution. Analogously to the US federal government, it is composed of three branches: executive, legislative, and judicial. The head of the executive is the governor. The Legislature consists of the Senate and the Assembly. The Unified Court System consists of the Court of Appeals and lower courts. The state is also divided into counties, cities, towns, and villages, which are all municipal corporations with their own government.

The Government of the Commonwealth of Pennsylvania is the governmental structure of the Commonwealth of Pennsylvania as established by the Pennsylvania Constitution. It is composed of three branches: executive, legislative and judicial. The capital of the Commonwealth is Harrisburg.

The government of Virginia combines the executive, legislative and judicial branches of authority in the Commonwealth of Virginia. The current governor of Virginia is Glenn Youngkin. The State Capitol building in Richmond was designed by Thomas Jefferson, and the cornerstone was laid by Governor Patrick Henry in 1785. Virginia currently functions under the 1971 Constitution of Virginia. It is Virginia's seventh constitution. Under the Constitution, the government is composed of three branches: the legislative, the executive and the judicial.

In the United States, state governments are institutional units exercising functions of government at a level below that of the federal government. Each U.S. state's government holds legislative, executive, and judicial authority over a defined geographic territory. The United States comprises 50 states: 9 of the Thirteen Colonies that were already part of the United States at the time the Constitution took effect in 1789, 4 that ratified the Constitution after its commencement, plus 37 that have been admitted since by Congress as authorized under Article IV, Section 3 of the Constitution.

<span class="mw-page-title-main">Government of Arizona</span> Overview of the government of the U.S. state of Arizona

The government of Arizona is the governmental structure of the state of Arizona as established by the Arizona Constitution. The executive is composed of the Governor, several other statewide elected officials, and the Governor's cabinet. The Arizona Legislature consists of the House of Representatives and Senate. The judiciary is composed of the Arizona Supreme Court and lower courts. There is also local government, consisting of counties, municipalities and special districts.

<span class="mw-page-title-main">Government of Kansas</span>

The government of the U.S. state of Kansas, established by the Kansas Constitution, is a republican democracy modeled after the Federal Government of the United States. The state government has three branches: the executive, the legislative, and the judicial. Through a system of separation of powers, or "checks and balances," each of these branches has some authority to act on its own, and also some authority to regulate the other two branches, so that all three branches can limit and balance the others' authority.

<span class="mw-page-title-main">Government of Michigan</span> Executive, legislative, and judicial governing bodies of the US state of Michigan

Michigan has a republican form of government with three branches of government: the executive branch consisting of the governor of Michigan and the other independently elected constitutional officers; the legislative branch consisting of the House of Representatives and Senate; and the judicial branch consisting of the one court of justice. The state also allows direct participation of the electorate by initiative, referendum, recall, and ratification.

The government of Nevada comprises three branches of government: the executive branch consisting of the governor of Nevada and the governor's cabinet along with the other elected constitutional officers; the legislative branch consisting of the Nevada Legislature which includes the Assembly and the Senate; and the judicial branch consisting of the Supreme Court of Nevada and lower courts.

<span class="mw-page-title-main">Government of Tennessee</span>

The government of Tennessee is organized under the provisions of the 1870 Constitution of Tennessee, first adopted in 1796. As set forth by the state constitution, Tennessee's government is divided into three branches: executive, judicial, and legislative branches.

<span class="mw-page-title-main">Government of North Carolina</span> Government of the U.S. state of North Carolina

The government of North Carolina is divided into three branches: executive, legislative, and judicial. These consist of the Council of State, the bicameral legislature, and the state court system. The Constitution of North Carolina delineates the structure and function of the state government.

The government of Washington State is the governmental structure of the State of Washington, United States, as established by the Constitution of the State of Washington. The executive is composed of the Governor, several other statewide elected officials and the Governor's cabinet. The Washington State Legislature consists of the House of Representatives and State Senate. The judiciary is composed of the Washington Supreme Court and lower courts. There is also local government, consisting of counties, municipalities and special districts.

<span class="mw-page-title-main">Judiciary of California</span>

The Judiciary of California or the Judicial Branch of California is defined under the California Constitution as holding the judicial power of the state of California which is vested in the Supreme Court, the Courts of Appeal and the Superior Courts. The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts.

References

  1. ↑ Montana's Official State Website, http://mt.gov/discover/brief_history.asp "Brief History of Montana"
  2. ↑ Montana Constitution Article II Section 9, "Montana Constitution, Article II, Section 9. Right to know". Archived from the original on 2007-07-03. Retrieved 2007-07-09. "Right to know"
  3. ↑ Montana State Legislature, "Special Sessions of the Montana Legislature". Archived from the original on 2007-07-04. Retrieved 2007-07-09. "Special sessions of the Montana Legislature"
  4. ↑ Montana Constitution Article VI Section 7.20, "Montana Constitution, Article VI, Section 7. 20 departments". Archived from the original on 2007-03-14. Retrieved 2007-07-09. "Departments"

Montana Code Annotated (MCA)

Montana State Legislature

State of Montana, Agency Listings

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.