2-18-104. Exemption for personal staff -- limit. (1) Subject to the limitations in subsections (2) and (3), members of a personal staff are exempt from parts 1 through 3 and 10.

(2) The personal staff who are exempted by subsection (1) may not exceed 10 unless otherwise approved by the department according to criteria developed by the department. Except as provided in subsection (5)(a), under no circumstances may the total exemptions of each elected official exceed 15.

(3) The number of members of the personal staff of the public service commission who are exempted by subsection (1) may not exceed 6.

(4) The number of members of the personal staff of the leadership of the legislature who are exempted by subsection (1) may not exceed:

(a) one personal staff for the speaker of the house of representatives;

(b) one personal staff for the minority leader of the house of representatives;

(c) one personal staff for the president of the senate; and

(d) one personal staff for the minority leader of the senate.

(5) (a) The number of members of the personal staff to be appointed by and serve at the pleasure of the agency head and be exempted by subsection (1) may not exceed the following:

(i) two personal staff for the following departments:

(A) administration;

(B) agriculture;

(C) commerce; and

(D) military affairs; and

(ii) three personal staff for the following departments:

(A) corrections;

(B) environmental quality;

(C) fish, wildlife, and parks;

(D) labor and industry;

(E) natural resources and conservation;

(F) public health and human services;

(G) revenue; and

(H) transportation; and

(iii) for an agency with an elected official listed in Article VI, section 1, of the Montana constitution, a number of personal staff in excess of the limitations in subsection (2) but not to exceed 3% of the agency's full-time employees.

(b) When appointing personal staff under subsection (5)(a), only an existing full-time equivalent personnel position may be used. Agencies may not create a new full-time equivalent personnel position when appointing personal staff.

(c) For the purposes of subsection (5)(a)(iii), the number of full-time employees is determined pursuant to 2-18-204 and is within an agency's base budget as defined in 17-7-102.