reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 6. Oaths › Part 1. General Provisions › 1-6-104. Affirmation or declaration in lieu of oath

1-6-104. Affirmation or declaration in lieu of oath.
Any person who desires it may instead of taking an oath make a solemn affirmation or declaration by assenting when addressed with "You do solemnly affirm (or declare), etc.", as provided in 1-6-102.
History: En. Sec. 362, p. 118, Bannack Stat.; en. Sec. 420, p. 219, L. 1867; re-en. Sec. 494, p. 135, Cod. Stat. 1871; amd. Sec. 673, p. 215, L. 1877; re-en. Sec. 673, 1st Div. Rev. Stat. 1879; re-en. Sec. 695, 1st Div. Comp. Stat. 1887; amd. Sec. 3434, C. Civ. Proc. 1895; re-en. Sec. 8053, Rev. C. 1907; re-en. Sec. 10697, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2097; re-en. Sec. 10697, R.C.M. 1935; R.C.M. 1947, 93-2401-5; amd. Sec. 33, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 6. Oaths › Part 1. General Provisions › 1-6-105. Unsworn declarations -- penalty of perjury

1-6-105. Unsworn declarations -- penalty of perjury.
(1) Whenever, under any law of this state or under any rule, order, or requirement made under the law of this state, any matter is required or permitted to be supported, evidenced, established, or proved by a person's sworn written declaration, verification, certificate, oath, or affidavit, the matter may with like force and effect be supported, evidenced, established, or proved by an unsworn written declaration, certificate, verification, or statement that is subscribed by the person as true under penalty of perjury in substantially the following form:
(a) If executed within the state:
"I declare under penalty of perjury that the foregoing is true and correct.
........................................
Date and placeSignature"
(b) If executed in any place outside the state:
"I declare under penalty of perjury and under the laws of the state of Montana that the foregoing is true and correct.
..........................................
Date and placeSignature"
(2) A deliberate falsification in any declaration pursuant to this section constitutes the offense of perjury as provided in 45-7-201 and is punishable as the offense of false swearing as provided in 45-7-202. A declaration under penalty of perjury executed in accordance with any provision of this code is not limited to the official proceedings referenced in 45-7-201.
(3) This section does not apply to writings requiring an acknowledgment, deposition, oath of office, or oath required to be taken before a special official other than a notary public.
History: En. Sec. 2, Ch. 238, L. 2011.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 11. Publication and Updating of the Code Code Commissioner › Part 1. General Provisions › 1-11-101. Definitions

1-11-101. Definitions.
As used in this chapter, the following definitions apply:
(1) "Code" or "codes" means the Montana Code Annotated, which is a reenactment of the Revised Codes of Montana, 1947, as provided in 1-11-103.
(2) "Recodify" means to compile, arrange, rearrange, and prepare for publication. It includes, without changing the meaning, effect, or intent of any law:
(a) correcting or changing punctuation, capitalization, spelling, grammatical construction, and numbering as required by uniform literary and bill drafting practice;
(b) substituting the appropriate new code division reference for reference to a section of, to a part of, or to an entire "act";
(c) substituting calendar date for "effective date", "hereafter", and similar terms;
(d) creating new titles, chapters, parts, sections, or other divisions of the code;
(e) changing or inserting language made necessary because of rearrangement;
(f) eliminating redundant words;
(g) when given direction or authority by another statute, correcting inaccurate or obsolete references to:
(i) titles of officers or agencies, such as those changed by executive reorganization statutes;
(ii) other code sections, such as those that have been repealed or repealed and replaced;
(h) changing inaccurate terminology to comply with statutory definitions or short form amendments;
(i) changing or creating section captions (catchlines) to clearly reflect the content of the section, unless the section captions are specifically and expressly adopted as part of the law by the legislature.
History: En. 12-501 by Sec. 1, Ch. 419, L. 1975; amd. Sec. 1, Ch. 1, L. 1977; R.C.M. 1947, 12-501; amd. Sec. 1, Ch. 575, L. 1981; amd. Sec. 1, Ch. 292, L. 1995; amd. Sec. 1, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 11. Publication and Updating of the Code Code Commissioner › Part 1. General Provisions › 1-11-102. Name -- citation -- correct form

1-11-102. Name -- citation -- correct form.
(1) The recodified laws are known as the "Montana Code Annotated" and may be cited as "MCA".
(2) An example of the correct citation form for a section of the Montana Code Annotated is "1-11-102, MCA".
History: En. 12-504 by Sec. 4, Ch. 419, L. 1975; R.C.M. 1947, 12-504; amd. Sec. 10, Ch. 119, L. 1979; amd. Sec. 1, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 11. Publication and Updating of the Code Code Commissioner › Part 1. General Provisions › 1-11-103. Effect of Montana Code Annotated -- official version

1-11-103. Effect of Montana Code Annotated -- official version.
(1) The Montana Code Annotated is a reenactment of the Revised Codes of Montana, 1947, and the supplements thereto.
(2) The enactment of the Montana Code Annotated may not:
(a) revive a law repealed or superseded before the effective date of the Montana Code Annotated;
(b) affect an act done, right accrued, or obligation incurred or imposed by law prior to the effective date of the Montana Code Annotated;
(c) affect any action, suit, or proceeding pending on the effective date of the Montana Code Annotated;
(d) repeal statutes of a nongeneral, nonpermanent nature, such as severability, construction, validating, repealing, or similar statutes, omitted from the Montana Code Annotated.
(3) The Montana Code Annotated must be given effect as a continuation of the Revised Codes of Montana and not as a new enactment. A defect in title of any act set out in prior laws and reenacted by the Montana Code Annotated is cured by the enactment of the Montana Code Annotated.
(4) No implication or presumption of legislative construction is to be drawn from the classification or arrangement of the Montana Code Annotated.
(5) Unless specifically and expressly adopted as part of the law by the legislature, annotations, code commissioner notes, catchlines, or other editorial material included in the Montana Code Annotated may not be construed as part of the legislative text but are only for the purpose of convenience, orderly arrangement, and information.
(6) After enactment, the Montana Code Annotated, including all subsequent replacement volumes, is prima facie the official laws of Montana. In case of any inconsistency in meaning arising through omission or otherwise between the provisions of the Montana Code Annotated and the corresponding portion of the official enrolled bill on file with the secretary of state, effect must be given to the official enrolled bill.
(7) The Montana Code Annotated, prepared in accordance with part 3, is the official version of the statutes of Montana. The official version of the statutes is the only publication of the statutes that may be used in public documents. This subsection is not intended to interfere with the supreme court's authority to adopt rules of evidence pursuant to Article VII, section 2, of the Montana constitution.
History: En. 12-506 by Sec. 6, Ch. 419, L. 1975; amd. Sec. 4, Ch. 1, L. 1977; R.C.M. 1947, 12-506; amd. Sec. 11, Ch. 119, L. 1979; amd. Sec. 2, Ch. 575, L. 1981; amd. Sec. 1, Ch. 100, L. 1993.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 11. Publication and Updating of the Code Code Commissioner › Part 2. Code Commissioner › 1-11-201. Code commissioner

1-11-201. Code commissioner.
There is within the legislative services division a code commissioner.
History: En. 12-502 by Sec. 2, Ch. 419, L. 1975; R.C.M. 1947, 12-502; amd. Sec. 1, Ch. 159, L. 1979; amd. Sec. 5, Ch. 545, L. 1995.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 11. Publication and Updating of the Code Code Commissioner › Part 2. Code Commissioner › 1-11-202. Qualifications of code commissioner

1-11-202. Qualifications of code commissioner.
To be eligible to be code commissioner, a person must be licensed to practice law in Montana for at least 5 years and demonstrate a knowledge of code arranging and recodification procedures.
History: En. 12-503 by Sec. 3, Ch. 419, L. 1975; R.C.M. 1947, 12-503.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 11. Publication and Updating of the Code Code Commissioner › Part 2. Code Commissioner › 1-11-203. Supervision by legislative council

1-11-203. Supervision by legislative council.
The code commissioner is subject to the general supervision and policy of the legislative council.
History: En. 12-505 by Sec. 5, Ch. 419, L. 1975; amd. Sec. 2, Ch. 1, L. 1977; R.C.M. 1947, 12-505(1).
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 11. Publication and Updating of the Code Code Commissioner › Part 3. Publication › 1-11-301. Publication and sale of Montana Code Annotated -- free distribution

1-11-301. Publication and sale of Montana Code Annotated -- free distribution.
(1) The legislative council, with the advice of the code commissioner, shall decide on the quantity, quality, style, format, and grade of all publications prior to having the code commissioner call for bids for the printing and binding and contract for their publication. The code commissioner shall follow the requirements of state law relating to contracts and bids, except as provided in this section.
(2) The methods of sale to the public of the Montana Code Annotated and supplements or other subsequent and ancillary publications may be included as an alternative specification and bid and as a part of a contract to be let by bids by the code commissioner.
(3) The sales price to the public of all Montana Code Annotated material must be fixed by the legislative council but may not exceed the cost price plus 25%. All revenue generated from the sale of the Montana Code Annotated or ancillary publications must be deposited in the state special revenue fund. Appropriations from the fund may be made for the use of the office and facilities of the legislative council under this chapter.
(4) Sets of the Montana Code Annotated purchased by the state, Montana local governmental agencies that are supported by public funds, and nonprofit organizations may not exceed the cost price of the sets plus 5%.
(5) (a) One copy of the Montana Code Annotated and supplements, and other subsequent and ancillary publications except annotations, must be provided at no cost to each library designated as a depository library as defined in 22-1-211.
(b) The state law library in Helena must be provided with four copies of the Montana Code Annotated and supplements, including annotations and other subsequent and ancillary publications.
(c) The legislative council shall include in the cost price of the code the cost of providing the copies under this subsection.
History: En. 12-507 by Sec. 7, Ch. 419, L. 1975; amd. Sec. 5, Ch. 1, L. 1977; R.C.M. 1947, 12-507; amd. Sec. 3, Ch. 1, L. 1979; amd. Sec. 4, Ch. 265, L. 1979; amd. Sec. 1, Ch. 91, L. 1981; amd. Sec. 3, Ch. 277, L. 1983; amd. Sec. 1, Ch. 83, L. 1989; amd. Sec. 1, Ch. 291, L. 1993; amd. Sec. 1, Ch. 4, L. 1995; amd. Sec. 1, Ch. 73, L. 2005; amd. Sec. 1, Ch. 95, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 11. Publication and Updating of the Code Code Commissioner › Part 3. Publication › 1-11-302. Updates of Montana Code Annotated

1-11-302. Updates of Montana Code Annotated.
The publication of updates to the Montana Code Annotated may be as a cumulative supplement or replacement volume or in any other format approved by the legislative council.
History: En. 12-510 by Sec. 10, Ch. 419, L. 1975; amd. Sec. 7, Ch. 1, L. 1977; R.C.M. 1947, 12-510(1), (2); amd. Sec. 13, Ch. 119, L. 1979; amd. Sec. 2, Ch. 18, L. 1995.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 11. Publication and Updating of the Code Code Commissioner › Part 3. Publication › 1-11-303. Authority to issue ancillary publications

1-11-303. Authority to issue ancillary publications.
The code commissioner may issue supplementary and ancillary publications as necessary or desirable in aid of the general use and purposes of the Montana Code Annotated and the supplements or replacements to the Montana Code Annotated. The code commissioner shall publish a legislative review containing a summary of enactments of each session of the legislature. The code commissioner shall publish a history and final status of all bills and resolutions of each session of the legislature that contains corrected voting records for bills and resolutions.
History: En. 12-510 by Sec. 10, Ch. 419, L. 1975; amd. Sec. 7, Ch. 1, L. 1977; R.C.M. 1947, 12-510(3); amd. Sec. 1, Ch. 22, Sp. L. November 1993; amd. Sec. 6, Ch. 545, L. 1995.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 11. Publication and Updating of the Code Code Commissioner › Part 3. Publication › 1-11-304. Copyrights prohibited

1-11-304. Copyrights prohibited.
The Montana Code Annotated, supplements, or other publications ancillary thereto, as published, are the sole property of the state of Montana and may not be copyrighted.
History: En. 12-508 by Sec. 8, Ch. 419, L. 1975; R.C.M. 1947, 12-508; amd. Sec. 2, Ch. 100, L. 1993.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 12. Commission on Uniform State Laws › Part 1. General Provisions › 1-12-101. Appointment, composition, term of office

1-12-101. Appointment, composition, term of office.
(1) There is a Montana commission on uniform state laws, which consists of three recognized members of the bar or members of the faculty of the law school of the university of Montana-Missoula and any resident of this state who, because of long service in the cause of the uniformity of state legislation, has been elected a life member of the national conference of commissioners on uniform state laws. Commissioners must be appointed by the legislative council for terms of 4 years each or until their successors are appointed. The legislative council may accept recommendations for appointments from the state bar of Montana, the Montana judges' association, and the dean of the law school.
(2) Commissioners shall serve for no salary. Commissioners are entitled to reimbursement for expenses as provided in 2-18-501.
History: En. Sec. 1, Ch. 175, L. 1945; R.C.M. 1947, 12-401; amd. Sec. 1, Ch. 99, L. 1993; amd. sec. 36, Ch. 308, L. 1995.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 12. Commission on Uniform State Laws › Part 1. General Provisions › 1-12-102. Vacancies

1-12-102. Vacancies.
If an appointed commissioner dies, resigns, or fails or refuses to serve, the office becomes vacant. The legislative council shall appoint a qualified person to fill the vacancy for the unexpired term.
History: En. Sec. 2, Ch. 175, L. 1945; amd. Sec. 2, Ch. 309, L. 1977; R.C.M. 1947, 12-402; amd. Sec. 2, Ch. 99, L. 1993.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 12. Commission on Uniform State Laws › Part 1. General Provisions › 1-12-103. Repealed

1-12-103. Repealed.
Sec. 5, Ch. 99, L. 1993.
History: En. Sec. 3, Ch. 175, L. 1945; R.C.M. 1947, 12-403.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 12. Commission on Uniform State Laws › Part 1. General Provisions › 1-12-104. Duties of commissioners

1-12-104. Duties of commissioners.
(1) Each commissioner shall attempt to attend the meeting of the national conference of commissioners on uniform state laws and shall promote uniformity in state laws upon all subjects in which uniformity is desirable and practicable.
(2) It is the duty of the commission to bring about, as far as practicable, the uniform judicial interpretation of all uniform laws.
History: En. Sec. 4, Ch. 175, L. 1945; amd. Sec. 8, Ch. 93, L. 1969; R.C.M. 1947, 12-404; amd. Sec. 1, Ch. 125, L. 1983; amd. Sec. 3, Ch. 99, L. 1993.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 13. International Relations (Repealed) › Part 1. Canadian Boundary Advisory Committee (Repealed) › 1-13-101. Repealed

1-13-101. Repealed.
Sec. 82, Ch. 545, L. 1995.
History: En. Sec. 1, Ch. 511, L. 1985.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 13. International Relations (Repealed) › Part 1. Canadian Boundary Advisory Committee (Repealed) › 1-13-102. Repealed

1-13-102. Repealed.
Sec. 82, Ch. 545, L. 1995.
History: En. Sec. 2, Ch. 511, L. 1985.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 13. International Relations (Repealed) › Part 1. Canadian Boundary Advisory Committee (Repealed) › 1-13-103. Repealed

1-13-103. Repealed.
Sec. 82, Ch. 545, L. 1995.
History: En. Sec. 3, Ch. 511, L. 1985.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 13. International Relations (Repealed) › Part 1. Canadian Boundary Advisory Committee (Repealed) › 1-13-105. Repealed

1-13-105. Repealed.
Sec. 82, Ch. 545, L. 1995.
History: En. Sec. 4, Ch. 511, L. 1985.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 13. International Relations (Repealed) › Part 1. Canadian Boundary Advisory Committee (Repealed) › 1-13-111. Repealed

1-13-111. Repealed.
Sec. 82, Ch. 545, L. 1995.
History: En. Sec. 5, Ch. 511, L. 1985.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 1. Sovereignty and Jurisdiction of the State › 2-1-101. Sovereignty and style of process

2-1-101. Sovereignty and style of process.
The sovereignty of the state resides in the people thereof, but the style of all process must be "The State of Montana", and all prosecutions must be conducted in the name of the state.
History: En. Sec. 30, Pol. C. 1895; re-en. Sec. 20, Rev. C. 1907; re-en. Sec. 19, R.C.M. 1921; Cal. Pol. C. Sec. 30; re-en. Sec. 19, R.C.M. 1935; R.C.M. 1947, 83-101.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 1. Sovereignty and Jurisdiction of the State › 2-1-102. Sovereignty and jurisdiction of the state

2-1-102. Sovereignty and jurisdiction of the state.
The sovereignty and jurisdiction of this state extend to all places within its boundaries as established by the constitution, excepting such places as are under the exclusive jurisdiction of the United States.
History: En. Sec. 40, Pol. C. 1895; re-en. Sec. 21, Rev. C. 1907; re-en. Sec. 20, R.C.M. 1921; Cal. Pol. C. Sec. 33; re-en. Sec. 20, R.C.M. 1935; R.C.M. 1947, 83-102(part).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 1. Sovereignty and Jurisdiction of the State › 2-1-103. Repealed

2-1-103. Repealed.
Sec. 32, Ch. 184, L. 1979.
History: En. Sec. 50, Pol. C. 1895; re-en. Sec. 25, Rev. C. 1907; re-en. Sec. 26, R.C.M. 1921; Cal. Pol. C. Sec. 37; re-en. Sec. 26, R.C.M. 1935; R.C.M. 1947, 83-201.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-201. Jurisdiction in federal enclaves

2-1-201. Jurisdiction in federal enclaves.
The extent of the jurisdiction of this state over places that have been or may be ceded to, purchased, or condemned by the United States is qualified by the terms of such cession or the laws under which such purchase or condemnation has been or may be made.
History: En. Sec. 40, Pol. C. 1895; re-en. Sec. 21, Rev. C. 1907; re-en. Sec. 20, R.C.M. 1921; Cal. Pol. C. Sec. 33; re-en. Sec. 20, R.C.M. 1935; R.C.M. 1947, 83-102(part).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-202. Jurisdiction over lands purchased by United States -- reservation of rights to state

2-1-202. Jurisdiction over lands purchased by United States -- reservation of rights to state.
Pursuant to Article I, section 8, paragraph 17, of the constitution of the United States, consent to purchase is hereby given and exclusive jurisdiction is ceded to the United States over and with respect to any lands within the limits of this state that are acquired by the complete purchase by the United States for any of the purposes described in paragraph 17 of the constitution of the United States. The jurisdiction must continue as long as the lands are held and occupied by the United States for the described purposes. The state reserves the right to serve and execute civil or criminal process lawfully issued by the courts of the state within the limits of the territory over which jurisdiction is ceded in any suits or transactions for or on account of any rights obtained, obligations incurred, or crimes committed in this state, within or outside of the territory. The state also reserves the right to tax persons and corporations and their franchises and property within the territory. The state and its inhabitants and citizens reserve the right to fish and hunt and the right of access, ingress, and egress to and through the ceded territory to all persons owning or controlling livestock for the purpose of watering the livestock. The state reserves jurisdiction in the enforcement of state laws relating to the duties of the department of livestock and the department of environmental quality and the enforcement of any regulations promulgated by the departments in accordance with the laws of the state. Jurisdiction does not vest until the United States, through the proper officers, files an accurate map or plat and description by metes and bounds of the lands in the office of the county clerk and recorder of the county in which the lands are situated. If the lands are within the corporate limits of any city, the map or plat must also be filed in the office of the city clerk of the city. The filing of the map constitutes acceptance of the jurisdiction by the United States as ceded.
History: En. Sec. 1, p. 52, L. 1893; re-en. Sec. 43, Pol. C. 1895; re-en. Sec. 24, Rev. C. 1907; re-en. Sec. 25, R.C.M. 1921; re-en. Sec. 25, R.C.M. 1935; amd. Sec. 1, Ch. 155, L. 1939; amd. Sec. 102, Ch. 349, L. 1974; R.C.M. 1947, 83-108(part); amd. Sec. 1, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-203. Withdrawal of offer to cede legislative jurisdiction

2-1-203. Withdrawal of offer to cede legislative jurisdiction.
The offer by the state of Montana to cede to the federal government legislative jurisdiction over areas within the state of Montana as contained in the act of the second legislative assembly of the state of Montana, 1891, entitled: "An Act Giving the Consent of the State of Montana to the Purchase, by the United States, of Land in any City or Town of the State, for the Purpose of United States Courthouse, Post Office and for Other Purposes" approved March 5, 1891, as amended by the act of the third legislative assembly of 1893, an act entitled: "An Act Giving the Consent of the State of Montana to the Purchase by the United States of Land in any City or Town of the State for the Purpose of United States Courthouse, Post Offices and for Other Like Purposes", approved March 9, 1893, is hereby withdrawn except as to areas heretofore completely purchased or acquired by the federal government and over which areas the federal government has heretofore assumed either exclusive legislative jurisdiction or concurrent legislative jurisdiction under the terms of one or the other of said acts.
History: En. Sec. 1, p. 52, L. 1893; re-en. Sec. 43, Pol. C. 1895; re-en. Sec. 24, Rev. C. 1907; re-en. Sec. 25, R.C.M. 1921; re-en. Sec. 25, R.C.M. 1935; amd. Sec. 1, Ch. 155, L. 1939; amd. Sec. 102, Ch. 349, L. 1974; R.C.M. 1947, 83-108(part).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-204. Military reservations -- service of process

2-1-204. Military reservations -- service of process.
(1) Authority is granted to and acknowledged in the United States to exercise exclusive legislation as provided by the constitution of the United States over the military reservation of Fort Missoula as established by law to the same extent and with the same effect as if the reservation had been purchased by the United States by consent of the legislative assembly of the state of Montana so long as it remains a military reservation.
(2) All legal process of the state, both civil and criminal, may be served upon persons and property found within the reservation in all cases where the United States does not have exclusive jurisdiction.
History: En. Sec. 41, Pol. C. 1895; re-en. Sec. 22, Rev. C. 1907; re-en. Sec. 21, R.C.M. 1921; re-en. Sec. 21, R.C.M. 1935; R.C.M. 1947, 83-103(part); amd. Sec. 1, Ch. 184, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-205. Glacier national park

2-1-205. Glacier national park.
Exclusive jurisdiction shall be and the same is hereby ceded to the United States over and within all the territory which is now or may hereafter be included in that tract of land in the state of Montana set aside by the act of congress, approved May 11, 1910, for the purposes of a national park, and known and designated as "The Glacier national park", saving, however, to the said state the right to serve civil or criminal process within the limits of the aforesaid park in any suits or prosecution for or on account of rights acquired, obligations incurred, or crimes committed in said state but outside of said park; and saving, further, to the state the right to tax persons and corporations, their franchises and property on the lands included in said park; provided, however, that jurisdiction shall not vest until the United States, through the proper officers, notifies the governor of this state that it assumes police or military jurisdiction over said park.
History: En. Sec. 1, Ch. 33, L. 1911; re-en. Sec. 22, R.C.M. 1921; re-en. Sec. 22, R.C.M. 1935; R.C.M. 1947, 83-104.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-206. Cession and retrocession of jurisdiction over Blackfeet highway

2-1-206. Cession and retrocession of jurisdiction over Blackfeet highway.
(1) Concurrent police jurisdiction shall be and the same is hereby granted to the United States of America over and within all the territory which is now or may hereafter be included in the rights-of-way of the Blackfeet highway, including the highway itself throughout its length between Glacier Park Station and the Canadian boundary line and the rights-of-way of the highways on the Blackfeet Indian reservation connecting the Blackfeet highway with the Glacier park road system, including the highways themselves.
(2) Jurisdiction herein granted shall not vest until the United States of America, through the proper officers, notifies the governor of the state of Montana that it assumes concurrent police jurisdiction over the said rights-of-way and the said highways.
(3) The provisions of the act of congress of March 15, 1958, Public Law 85-343, 85th congress, S.1828, 72 Stat. 35-36, to retrocede to the state of Montana such concurrent police jurisdiction as has been ceded to the United States of America over the rights-of-way of the Blackfeet highway, including the highway itself, and over the rights-of-way of its connection with the Glacier national park road system on the Blackfeet Indian reservation, including the highways themselves, are hereby accepted by the state of Montana as required by section 2 of said act of March 15, 1958 (72 Stat. 35-36), with the understanding on the part of the state of Montana that the laws and regulations of the United States of America pertaining to Glacier national park shall cease to apply to the territory of said rights-of-way and highways as in said act of the congress made and provided.
History: (1)En. Sec. 1, Ch. 37, L. 1929; re-en. Sec. 26.1, R.C.M. 1935; Sec. 83-111, R.C.M. 1947; (2)En. Sec. 2, Ch. 37, L. 1929; re-en. Sec. 26.2, R.C.M. 1935; Sec. 83-112, R.C.M. 1947; (3)En. Sec. 1, Ch. 157, L. 1963; Sec. 83-104.1, R.C.M. 1947; R.C.M. 1947, 83-104.1, 83-111, 83-112.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-207. Yellowstone national park

2-1-207. Yellowstone national park.
Exclusive jurisdiction shall be and the same is hereby ceded to the United States over all that part of territory situate in the state of Montana now embraced in the Yellowstone national park, described as follows:
Beginning at the intersection of the east boundary of Yellowstone park with the south boundary of Montana; thence north to the northeast corner of said park; thence west along the north boundary of the park to the northwest corner thereof; thence south along the west boundary of the park to the boundary between Montana and Idaho; thence easterly along that boundary to the west boundary of Wyoming; thence north along the west boundary of Wyoming to the northwest corner thereof; thence east along the boundary between Wyoming and Montana to the east boundary of said park, the place of beginning; containing an area of approximately 198 square miles, saving, however, to the said state the right to serve civil or criminal process within the limits of the aforesaid described lands in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in said state but outside the lands aforesaid, as long as the lands herein described are used for a national park and no other purposes.
History: En. Sec. 1, Ch. 112, L. 1917; re-en. Sec. 23, R.C.M. 1921; re-en. Sec. 23, R.C.M. 1935; amd. Sec. 1, Ch. 142, L. 1939; R.C.M. 1947, 83-106.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-208. Withdrawal of consent to purchase additional state lands for national park

2-1-208. Withdrawal of consent to purchase additional state lands for national park.
The consent of the state of Montana to the purchase by the United States of lands within the state of Montana to be embraced in Yellowstone national park, other than the lands described in 2-1-207, and the consent of the state of Montana to the exercise of legislative jurisdiction by the United States over any additional lands to be embraced in said national park, as such consents may be contained in the act of the second legislative assembly of the state of Montana approved February 14, 1891, entitled, "An Act Ceding to the United States Jurisdiction Over Certain Lands" or any amendment of said act is hereby withdrawn, and exclusive legislative jurisdiction over all lands within the state of Montana that may be added hereafter to said national park shall be retained in the state of Montana.
History: En. Sec. 2, Ch. 142, L. 1939; R.C.M. 1947, 83-107.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-209. Concurrent jurisdiction over Fort Peck Dam ceded to United States -- reservation of rights to state

2-1-209. Concurrent jurisdiction over Fort Peck Dam ceded to United States -- reservation of rights to state.
Consent to purchase or condemn all necessary lands is hereby given and concurrent jurisdiction is ceded to the United States over the Fort Peck Dam, the body of water or artificial lake created by the dam, the land under the body of water, and any lands now owned or that may be acquired by the United States and that touch the body of water, all such land and water being situated in the counties of Valley, Phillips, McCone, Garfield, Petroleum, and Fergus, state of Montana. The state reserves the right to serve civil or criminal process within the limits of the territory over which jurisdiction is ceded in any suits or prosecutions for or on account of rights obtained, obligations incurred, or crimes committed in this state, within or outside of the territory. The state also reserves the right to tax persons and corporations and their franchises and property within the territory. The state and its inhabitants, citizens, and nonresidents reserve the right to fish or hunt by boat or otherwise and the right of access, ingress, and egress to and through the ceded territory to all persons owning or controlling livestock for the purpose of watering the livestock. The state reserves jurisdiction in the enforcement of state laws relating to the duties of the department of livestock and the department of environmental quality and the enforcement of regulations promulgated by the departments in accordance with the laws of the state. Jurisdiction does not vest until the United States, through the proper officers, notifies the governor of the state of Montana that it assumes police or military jurisdiction over the territory.
History: En. Sec. 1, Ch. 50, Ex. L. 1933; re-en. Sec. 25.1, R.C.M. 1935; amd. Sec. 103, Ch. 349, L. 1974; R.C.M. 1947, 83-109; amd. Sec. 2, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-210. Consent to purchase of lands by United States for national forest purposes -- jurisdiction

2-1-210. Consent to purchase of lands by United States for national forest purposes -- jurisdiction.
(1) For the purpose of more effectively cooperating with the United States in the consolidating and rounding out of national forests in accordance with land use plans and to facilitate the placing of forest lands other than national forest but which are integral with national forest lands under stable protection and administration to the end of public benefit and to help landowners, including the counties of the state in their discretion, to dispose of such of their lands as may be needed for national forest purposes, consent of the state of Montana is hereby given to the purchase by the United States of such lands in the state of Montana as in the opinion of the secretary of agriculture are needed for the purposes contemplated in section 6 of the act of congress approved March 1, 1911, commonly known as and called the Weeks law, and/or section 6 of the act of congress approved June 7, 1924, commonly known as the Clarke-McNary law, and/or any other provisions of any act of congress authorizing the purchase of land for national forest purposes.
(2) The jurisdiction of the state of Montana, both civil and criminal, over persons upon areas acquired under this section shall not be affected or changed by reason of their acquisition and administration by the United States, except so far as the punishment of offenses against the United States is concerned.
(3) The state shall have the same jurisdiction in respect to such lands as it has in respect to other national forest lands within the state.
(4) All property rights, easements, and benefits retained by or reserved to owners of lands purchased by the United States shall be subject to the tax laws of the state.
History: En. Sec. 1, Ch. 118, L. 1935; re-en. Sec. 25.2, R.C.M. 1935; R.C.M. 1947, 83-110.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-211. Consent to purchase lands for migratory bird reservations -- jurisdiction

2-1-211. Consent to purchase lands for migratory bird reservations -- jurisdiction.
Consent of the state of Montana is given to the acquisition by the United States by purchase, gift, devise, or lease of such areas of land, water, or land and water in the state of Montana as the United States may deem necessary for the establishment of migratory bird reservations in accordance with the act of congress approved February 18, 1929, (as amended), entitled "An Act to More Effectively Meet the Obligations of the United States under the Migratory Bird Treaty with Great Britain by Lessening the Dangers Threatening Migratory Game Birds from Drainage and Other Causes by the Acquisition of Areas of Land and of Water to Furnish in Perpetuity Reservations for the Adequate Protection of such Birds; and Authorizing Appropriations for the Establishment of such Areas, their Maintenance and Improvement and for Other Purposes", reserving, however, to the state of Montana full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of said act of congress.
History: En. Sec. 1, Ch. 96, L. 1961; R.C.M. 1947, 83-113.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-212. Acceptance of concurrent jurisdiction over veterans center

2-1-212. Acceptance of concurrent jurisdiction over veterans center.
The state of Montana hereby accepts the cession of concurrent jurisdiction with the United States over the real property comprising the veterans center, Fort Harrison, Montana, as ceded by Public Law 91-45, 88 Stat. 48, which was approved July 19, 1969, and made effective upon acceptance of the cession by the state of Montana.
History: En. Sec. 1, Ch. 157, L. 1971; R.C.M. 1947, 83-114; amd. Sec. 1, Ch. 10, L. 1993; amd. Sec. 2, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-213. Acceptance of concurrent jurisdiction over Big Hole national battlefield

2-1-213. Acceptance of concurrent jurisdiction over Big Hole national battlefield.
The state of Montana accepts the retrocession in Public Law 88-24, which was approved May 17, 1963, and made effective upon acceptance of the retrocession by the state of Montana of such jurisdiction as had been ceded by this state to the United States over the lands within the boundaries of the Big Hole national battlefield. This state recognizes the reservation in the United States of concurrent legislative jurisdiction over such lands.
History: En. 83-115 by Sec. 1, Ch. 125, L. 1977; R.C.M. 1947, 83-115.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-214. Concurrent jurisdiction of the United States over certain lands dedicated to national park purposes

2-1-214. Concurrent jurisdiction of the United States over certain lands dedicated to national park purposes.
(1) Concurrent jurisdiction over crimes and offenses under the laws of the state is ceded to the United States over and within all the lands dedicated to national park purposes in the following tracts:
(a) Big Horn Canyon;
(b) Grant-Kohrs national historic site;
(c) Big Hole national battlefield; and
(d) Fort Union trading post.
(2) The concurrent jurisdiction ceded by subsection (1) is vested upon acceptance by the United States by and through its appropriate officials and shall continue so long as the lands within the designated areas are dedicated to park purposes.
History: En Sec. 1, Ch. 302, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-215. Acceptance of jurisdiction over federal lands

2-1-215. Acceptance of jurisdiction over federal lands.
The consent of the state is hereby given to the retrocession of jurisdiction, either partially or wholly, by the United States of America over lands owned by the United States of America within the boundaries of Montana that are used for national park purposes. The governor is authorized to accept for the state retrocession of jurisdiction.
History: En Sec. 2, Ch. 302, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 2. Cession and Retrocession of Jurisdiction › 2-1-216. Filing of acceptance of jurisdiction over federal lands

2-1-216. Filing of acceptance of jurisdiction over federal lands.
(1) When the state receives written notification from the authorized official or agent of the United States of America that the United States desires or is willing to relinquish to the state jurisdiction, or a portion thereof, over certain lands owned by the United States within Montana that are used for national park purposes, the governor may accept relinquishment.
(2) After acceptance and approval by the governor, retrocession of jurisdiction becomes effective upon filing of the original acceptance with the secretary of state of Montana.
History: En Sec. 3, Ch. 302, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 3. Jurisdiction on Indian Lands and Indian Culture › 2-1-301. Assumption of criminal jurisdiction of Flathead Indian country -- county reimbursement

2-1-301. (Temporary) Assumption of criminal jurisdiction of Flathead Indian country -- county reimbursement.
(1) The state of Montana hereby obligates and binds itself to assume, as provided in this section, criminal jurisdiction over Indians and Indian territory of the Flathead Indian reservation and country within the state in accordance with the consent of the United States given by the act of August 15, 1953 (Public Law 280, 83rd congress, 1st session).
(2) Unless the Confederated Salish and Kootenai tribes or Lake County withdraws consent to enforcement pursuant to 2-1-306, the state shall reimburse Lake County for assuming criminal jurisdiction under this section annually to the extent funds are appropriated by the legislature. The annual amount of reimbursement must be adjusted each year based on the consumer price index. (Terminates June 30, 2027--sec. 5, Ch. 556, L. 2021.)
2-1-301. (Effective July 1, 2027) Assumption of criminal jurisdiction of Flathead Indian country.
The state of Montana hereby obligates and binds itself to assume, as herein provided, criminal jurisdiction over Indians and Indian territory of the Flathead Indian reservation and country within the state in accordance with the consent of the United States given by the act of August 15, 1953 (Public Law 280, 83rd congress, 1st session).
History: En. Sec. 1, Ch. 81, L. 1963; R.C.M. 1947, 83-801; amd. Sec. 1, Ch. 556, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 3. Jurisdiction on Indian Lands and Indian Culture › 2-1-302. Resolution of Indian tribes requesting state jurisdiction -- governor's proclamation -- consent of county commissioners

2-1-302. Resolution of Indian tribes requesting state jurisdiction -- governor's proclamation -- consent of county commissioners.
(1) Whenever the governor of this state receives from the tribal council or other governing body of the Confederated Salish and Kootenai Indian tribes or any other community, band, or group of Indians in this state, a resolution expressing its desire that its people and lands be subject to the criminal or civil jurisdiction, or both, of the state to the extent authorized by federal law and regulation, the governor shall issue within 60 days a proclamation to the effect that the specified jurisdiction applies to those Indians and their territory or reservation in accordance with the provisions of this part.
(2) The governor may not issue the proclamation until the resolution has been approved in the manner provided for by the charter, constitution, or other fundamental law of the tribe, if the document provides for approval, and there has been first obtained the consent of the board of county commissioners of each county that encompasses any portion of the reservation of the tribe.
History: En. Sec. 2, Ch. 81, L. 1963; R.C.M. 1947, 83-802; amd. Sec. 2, Ch. 184, L. 1979; amd. Sec. 34, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 3. Jurisdiction on Indian Lands and Indian Culture › 2-1-303. Date of assumption of jurisdiction -- application of state law in Indian country

2-1-303. Date of assumption of jurisdiction -- application of state law in Indian country.
Sixty days from the date of issuance of the proclamation of the governor as provided for by 2-1-302, the state of Montana shall assume jurisdiction over offenses committed by or against Indians in the lands prescribed in the proclamation to the same extent that this state has jurisdiction over offenses committed elsewhere within this state. The criminal and/or civil laws of this state shall have the same force and effect within such lands as they have elsewhere within this state.
History: En. Sec. 3, Ch. 81, L. 1963; R.C.M. 1947, 83-803.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 3. Jurisdiction on Indian Lands and Indian Culture › 2-1-304. Rights, privileges, and immunities reserved to Indians

2-1-304. Rights, privileges, and immunities reserved to Indians.
Nothing in this part shall:
(1) authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States;
(2) authorize regulation of the use of such property in a manner inconsistent with any federal treaty, agreement, or statute or with any regulation made pursuant thereto;
(3) confer jurisdiction upon the state of Montana to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of such property or any interest therein; or
(4) deprive any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under federal treaty, agreement, statute, or executive order with respect to hunting, trapping, fishing, or the control, licensing, or regulation thereof.
History: En. Sec. 4, Ch. 81, L. 1963; R.C.M. 1947, 83-804.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 3. Jurisdiction on Indian Lands and Indian Culture › 2-1-305. Indian culture protected

2-1-305. Indian culture protected.
Nothing in this part shall deprive the Indian tribe, band, or community from carrying on its age-old tribal dances, feasting, or customary Indian celebrations or in any way try to destroy the Indian culture.
History: En. Sec. 5, Ch. 81, L. 1963; R.C.M. 1947, 83-805.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 1. Sovereignty and Jurisdiction › Part 3. Jurisdiction on Indian Lands and Indian Culture › 2-1-307. Service of process

2-1-307. Service of process.
All legal process of the state, both civil and criminal, may be served upon persons and property found on any Indian reservation in all cases where the United States has not exclusive jurisdiction.
History: En. Sec. 41, Pol. C. 1895; re-en. Sec. 22, Rev. C. 1907; re-en. Sec. 21, R.C.M. 1921; re-en. Sec. 21, R.C.M. 1935; R.C.M. 1947, 83-103(part).