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Section 5. COMPENSATION. (1) Officers of the executive branch shall receive
salaries provided by law.
(2)
During his term, no elected officer of the executive branch may hold another public
office or receive compensation for services from any other governmental agency. He may be a
candidate for any public office during his term.
Section
6.
VACANCY IN OFFICE.
(1) If the office of lieutenant governor becomes
vacant by his succession to the office of governor, or by his death, resignation, or disability as
determined by law, the governor shall appoint a qualified person to serve in that office for the
remainder of the term. If both the elected governor and the elected lieutenant governor become
unable to serve in the office of governor, succession to the respective offices shall be as provided by
law for the period until the next general election. Then, a governor and lieutenant governor shall
be elected to fill the remainder of the original term.
(2)
If the office of secretary of state, attorney general, auditor, or superintendent of public
instruction becomes vacant by death, resignation, or disability as determined by law, the governor
shall appoint a qualified person to serve in that office until the next general election and until a
successor
is elected and qualified. The person elected to fill a vacancy shallhold the office until the
expiration of the term for which his predecessor was elected.
Section 7. 20 DEPARTMENTS. 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) and their respective functions, powers, and duties, shall be
allocated by law among not
more
than 20 principal departments so as to provide an orderly
arrangement in the administrative organization of state government. Temporary commissions
may be established by law and need not be allocated within a department,
Section 8. APPOINTING POWER. (1) The departments provided for in section 7
shall be under the supervision of the governor. Except as otherwise provided in this constitution or
by law, each department shall be headed by a single executive appointed by the governor subject to
confirmation by the senate to hold office until the end of the governor’s term unless sooner
removed by the governor.
(2)
The governor shall appoint, subject to confirmation by the senate, all officers provided
for in this constitution or by law whose appointment or election is not otherwise provided for. They
shall hold office until the end of the governor’s term unless sooner removed by the governor.
(3) If a vacancy
occurs
in any such office when the legislature is not in session, the
governor shall appoint a qualified person to discharge the duties thereof until the office is filled by
appointment and confirmation.
(4)
A person not confirmed by the senate for an office shall not, except at its request, be
nominated again for that office at the same session, or be appointed to that office when the
legislature is not in session.
Section 9. BUDGET AND MESSAGES. The governor shall at the beginnning of
each legislative session, and may at other times, give the legislature information and recommend
measures he considers necessary. The governor shall submit to the legislature at a time fixed by
law, a budget for the ensuing fiscal period setting forth in detail for all operating funds the
proposed expenditures and estimated revenue of the state.
Section
10.
VETO POWER. (1) Each bill passed by the legislature, except bills pro-
posing amendments to the Montana constitution, bills ratifying proposed amendments to the
United States constitution, resolutions, and initiative and referendum measures, shall be
submitted to the governor for his signature.
Ifhe
does not sign or veto the bill within five days after
its delivery to him if the legislature is in session or within 25 days if the legislature is adjourned, it
shall become law. The governor shall return a vetoed bill to the legislature with a statement of his
reasons
therefor.
(2)
The governor may return any bill to the legislature with his recommendation for
amendment. If the legislature passes the bill in accordance with the governor’s recommendation,
it shall again return the bill to the governor for his reconsideration. The governor shall not return a
bill for amendment a second time.
(3)
If after receipt of a veto message, two-thirds of the members present approve the bill, it
shall become law.