reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-226. Trenton Johnson memorial highway

60-1-226. Trenton Johnson memorial highway.
(1) There is established the Trenton Johnson memorial highway on existing state highway 83 between mile marker 14 and mile marker 22.
(2) The department shall design and install appropriate signs marking the location of the Trenton Johnson memorial highway.
(3) Maps that identify roadways in Montana must be updated to include the location of the Trenton Johnson memorial highway when the department updates and publishes the state maps.
History: En. Sec. 1, Ch. 116, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-227. Pearl Harbor Veterans memorial highway

60-1-227. Pearl Harbor Veterans memorial highway.
(1) There is established the Pearl Harbor veterans memorial highway on the existing Montana highway 532 in Yellowstone County, between mile marker 1 and mile marker 2.
(2) The department shall design and install appropriate signs marking the location of the Pearl Harbor veterans memorial highway.
(3) Maps that identify roadways in Montana must be updated to include the location of the Pearl Harbor veterans memorial highway when the department updates and publishes the state maps.
History: En. Sec. 1, Ch. 182, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-228. Montana medal of honor highway

60-1-228. Montana medal of honor highway.
(1) There is established the Montana medal of honor highway on the existing U.S. highway 20 within the state boundaries.
(2) The department shall design and install appropriate signs marking the location of the Montana medal of honor highway at the Targhee pass and at the boundary of Yellowstone national park.
(3) (a) The department shall design and install a memorial plaque at a location along the medal of honor highway with the names of the Montanans who have received the medal of honor. These Montanans are Travis Atkins, William Galt, John McLennon, John Moran, Laverne Parrish, Leo Powers, Donald Ruhl, Henry Schauer, and Cornelius Smith.
(b) The legislature intends that the names of future medal of honor recipients be added to the memorial plaque.
(4) Maps that identify roadways in Montana must be updated to include the location of the Montana medal of honor highway when the department updates and publishes the state maps.
History: En. Sec. 1, Ch. 321, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-229. Dolly Smith Akers memorial highway

60-1-229. Dolly Smith Akers memorial highway.
(1) There is established the Dolly Smith Akers memorial highway on existing U.S. highway 2 from Wolf Creek to the Poplar River.
(2) The department shall design and install appropriate signs marking the location of the Dolly Smith Akers memorial highway.
(3) Maps that identify roadways in Montana must be updated to include the location of the Dolly Smith Akers memorial highway.
History: En. Sec. 1, Ch. 370, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-230. Mason Moore memorial highway

60-1-230. Mason Moore memorial highway.
(1) There is established the Mason Moore memorial highway on the existing U.S. highway 287 at mile marker 109.
(2) The department shall design and install appropriate signs marking the location of the Mason Moore memorial highway at mile marker 109 on the northbound side stating his name, title, badge number, and the date of his passing.
(3) Maps that identify roadways in Montana must be updated to include the location of the Mason Moore memorial highway when the department updates and publishes the state maps.
History: En. Sec. 1, Ch. 17, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-231. Brent Witham memorial highway

60-1-231. Brent Witham memorial highway.
(1) There is established the Brent Witham memorial highway on the existing U.S. highway 12 between mile 20 and mile 32.
(2) The department shall design and install appropriate signs marking the location of the Brent Witham memorial highway.
(3) Maps that identify roadways in Montana must be updated to include the location of the Brent Witham memorial highway when the department updates and publishes the state maps.
History: En. Sec. 1, Ch. 55, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-232. Flathead County veterans memorial

60-1-232. Flathead County veterans memorial.
(1) The bridge spanning the south fork of the Flathead River near Hungry Horse, Montana, is dedicated to Flathead County veterans who have been killed in action.
(2) The department shall design and install appropriate signs on each end of the bridge marking the Flathead County veterans memorial.
(3) The department shall design and install a memorial plaque at a location near the bridge with the names of individual Flathead County veterans who have been killed in action.
(4) The legislature intends that the names of future Flathead County veterans who are killed in action be added to the memorial plaque.
History: En. Sec. 1, Ch. 338, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-233. Jeannette Rankin memorial highway

60-1-233. Jeannette Rankin memorial highway.
(1) There is established the Jeannette Rankin memorial highway on existing interstate 90 from mile marker 101 to mile marker 106.
(2) The department shall design and install appropriate signs marking the location of the Jeannette Rankin memorial highway.
(3) Maps that identify roadways in Montana must be updated to include the location of the Jeannette Rankin memorial highway when the department updates and publishes the state maps.
History: En. Sec. 1, Ch. 457, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-234. Minnie Spotted-Wolf memorial highway

60-1-234. Minnie Spotted-Wolf memorial highway.
(1) There is established the Minnie Spotted-Wolf memorial highway on existing U.S. highway 89 from mile marker 85.3 to mile marker 89.
(2) The department shall design and install appropriate signs marking the location of the Minnie Spotted-Wolf memorial highway.
(3) Maps that identify roadways in Montana must be updated to include the location of the Minnie Spotted-Wolf memorial highway when the department updates and publishes the state maps.
History: En. Sec. 1, Ch. 481, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-235. Louis Charles Charlo memorial highway

60-1-235. Louis Charles Charlo memorial highway.
(1) There is established the Louis Charles Charlo memorial highway on the existing U.S. highway 93 north from mile marker 7 to mile marker 9.
(2) The department shall design and install appropriate signs marking the location of the Louis Charles Charlo memorial highway.
(3) Maps that identify roadways in Montana must be updated to include the location of the Louis Charles Charlo memorial highway when the department updates and publishes the state maps.
History: En. Sec. 1, Ch. 478, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-236. Otto Fossen memorial highway

60-1-236. Otto Fossen memorial highway.
(1) There is established the Otto Fossen memorial highway on the existing U.S. highway 2 from mile marker 329 to the Hill County line.
(2) The department shall design and install appropriate signs marking the location of the Otto Fossen memorial highway, stating his name, title, and the date of his passing.
(3) Maps that identify roadways in Montana must be updated to include the location of the Otto Fossen memorial highway when the department updates and publishes the state maps.
History: En. Sec. 1, Ch. 7, L. 2021.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-237. Helen Clarke memorial highway

60-1-237. Helen Clarke memorial highway.
(1) There is established the Helen Clarke memorial highway on the existing U.S. highway 2 from the limits of East Glacier to the limits of Browning.
(2) The department shall design and install appropriate signs marking the location of the Helen Clarke memorial highway.
(3) Maps that identify roadways in Montana must be updated to include the location of the Helen Clarke memorial highway when the department updates and publishes the state maps.
History: En. Sec. 1, Ch. 44, L. 2021.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-238. Terry Spotted Wolf, Sr. memorial highway

60-1-238. Terry Spotted Wolf, Sr. memorial highway.
(1) There is established the Terry Spotted Wolf, Sr. memorial highway on the existing U.S. highway 212 from mile marker 26 to mile marker 27.
(2) The department shall design and install appropriate signs marking the location of the Terry Spotted Wolf, Sr. memorial highway.
(3) Maps that identify roadways in the state must be updated to include the location of the Terry Spotted Wolf, Sr. memorial highway when the department updates and publishes the state maps.
History: En. Sec. 1, Ch. 414, L. 2021.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-239. Chief Earl Old Person memorial highway

60-1-239. Chief Earl Old Person memorial highway.
(1) There is established the Chief Earl Old Person memorial highway on the existing U.S. highway 89 from its intersection with border road to its intersection with U.S. highway 2.
(2) The department shall design and install appropriate signs marking the location of the Chief Earl Old Person memorial highway.
(3) Maps that identify roadways in the state must be updated to include the Chief Earl Old Person memorial highway when the department updates and publishes the state maps.
History: En. Sec. 1, Ch. 146, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-240. Jacob Allmendinger memorial highway

60-1-240. Jacob Allmendinger memorial highway.
(1) There is established the Jacob Allmendinger memorial highway on the existing Montana state highway 86 from its intersection with Fairy Lake road to its intersection with Bracket Creek road.
(2) The department shall design and install appropriate signs marking the location of the Jacob Allmendinger memorial highway.
(3) Maps that identify roadways in the state must be updated to include the location of the Jacob Allmendinger memorial highway when the department updates and publishes the state maps.
History: En. Sec. 1, Ch. 147, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 1. Highway Code › Part 2. Classification of Highways › 60-1-241. Ensign James A. Shelton memorial highway

60-1-241. Ensign James A. Shelton memorial highway.
(1) There is established the Ensign James A. Shelton memorial highway on the existing state highway 81, beginning at the intersection of state highway 81 and U.S. highway 191 and ending at the intersection of state highways 81 and 80.
(2) The department shall design and install appropriate signs marking the location of the Ensign James A. Shelton memorial highway.
(3) Maps that identify roadways in the state must be updated to include the location of the Ensign James A. Shelton memorial highway when the department updates and publishes the state maps.
History: En. Sec. 1, Ch. 459, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-101. Repealed

60-2-101. Repealed.
Sec. 1, Ch. 247, L. 1985.
History: En. Sec. 4-104, Ch. 197, L. 1965; amd. Sec. 73, Ch. 316, L. 1974; R.C.M. 1947, 32-2404(2).
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-102. Repealed

60-2-102. Repealed.
Sec. 1, Ch. 234, L. 1989.
History: En. Sec. 4-104, Ch. 197, L. 1965; amd. Sec. 73, Ch. 316, L. 1974; R.C.M. 1947, 32-2404(1).
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-103. Repealed

60-2-103. Repealed.
Sec. 19, Ch. 87, L. 1993.
History: En. Sec. 4-109, Ch. 197, L. 1965; amd. Sec. 11, Ch. 93, L. 1969; amd. Sec. 77, Ch. 316, L. 1974; R.C.M. 1947, 32-2409(1).
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-104. Repealed

60-2-104. Repealed.
Sec. 19, Ch. 87, L. 1993.
History: En. Sec. 4-107, Ch. 197, L. 1965; amd. Sec. 1, Ch. 201, L. 1967; amd. Sec. 75, Ch. 316, L. 1974; R.C.M. 1947, 32-2407(part).
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-105. Repealed

60-2-105. Repealed.
Sec. 19, Ch. 87, L. 1993.
History: En. 32-2407.1 by Sec. 1, Ch. 390, L. 1977; R.C.M. 1947, 32-2407.1.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-106. Designation of highways not located entirely within the state

60-2-106. Designation of highways not located entirely within the state.
The commission may designate highways subject to improvement under the provisions of Title 23, U.S.C., even though those highways are not located entirely and continuously within the boundaries of the state. The designations shall meet the following conditions:
(1) the highway is on an approved federal-aid route and eligible for improvement under Title 23, U.S.C.;
(2) the location of a portion of the route outside the boundaries of the state is necessary because of natural geographical or physical conditions which make the construction of the highway within the state impossible or impracticable;
(3) the portion of the route located outside the state does not connect with and is not a part of the state highway system of the adjoining state.
History: En. Sec. 4-108, Ch. 197, L. 1965; amd. Sec. 76, Ch. 316, L. 1974; R.C.M. 1947, 32-2408(1); amd. Sec. 4, Ch. 23, L. 1979.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-107. Abandonment of highways -- exchange of roadways -- public notice required

60-2-107. Abandonment of highways -- exchange of roadways -- public notice required.
(1) Except as provided in 60-4-213 through 60-4-218, the commission may abandon highways on the commission-designated highway systems and state highways.
(2) Except as provided in 60-4-213 through 60-4-218, before abandoning or discontinuing maintenance on a highway, the commission shall hold a public hearing in the county or counties affected by the abandonment. The commission may elect to offer to transfer the liability for and the maintenance of a highway to another agency or agencies that may in turn elect to take responsibility for the highway. The commission shall notify the board of county commissioners in writing of its intent to abandon a highway and hold a public hearing. The commission shall publish for 3 consecutive weeks in local newspapers within the county the notice of abandonment and public hearing.
(3) Except as provided in 60-4-213 through 60-4-218, the commission may enter into an agreement with a unit of local government, on mutually beneficial terms, to exchange property interests or responsibilities, including maintenance, on any portion of a commission-designated highway system or state highway and on any portion of a county road or city street.
(4) The commission may not abandon a highway, road, or right-of-way used to provide existing legal access to public land or waters, including access for public recreational use as defined in 23-2-301 and as permitted in 23-2-302, unless another highway, road, or right-of-way provides substantially the same access.
(5) The commission may not abandon a highway, road, or right-of-way used to access private land if the access benefits two or more landowners unless all the landowners agree to the abandonment.
History: En. Sec. 4-106, Ch. 197, L. 1965; amd. Sec. 74, Ch. 316, L. 1974; amd. Sec. 1, Ch. 283, L. 1977; R.C.M. 1947, 32-2406(part); amd. Sec. 1, Ch. 178, L. 1997; amd. Sec. 4, Ch. 107, L. 1999; amd. Sec. 5, Ch. 440, L. 1999; amd. Sec. 2, Ch. 168, L. 2005; amd. Sec. 7, Ch. 226, L. 2005; amd. Sec. 8, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-110. Setting priorities and selecting projects

60-2-110. Setting priorities and selecting projects.
(1) Except as provided in 60-2-133, the commission shall establish priorities and select and designate segments for construction and reconstruction on the national highway system, the primary highway system, the secondary highway system, the urban highway system, and state highways.
(2) The commission shall consult with the board of county commissioners of the county in which a highway is located when establishing priorities and when selecting and designating segments on the secondary highway system for construction and reconstruction.
(3) The commission shall consult with the appropriate local government authorities when establishing priorities and selecting and designating segments on the urban highway system for construction and reconstruction.
(4) The commission shall use information gathered or discovered by and documents prepared by the department, and department officials and employees shall provide assistance and advice.
(5) The commission shall establish and determine priorities and projects for rail and transit programs and, to the extent possible, coordinate intermodal transportation within the state.
(6) In carrying out the requirements of this section, the department shall:
(a) make recommendations to the commission;
(b) establish the requirements and procedures for administering this section; and
(c) take all reasonable steps to ensure the integrity and viability of agricultural and rural transportation and related needs.
History: En. Sec. 1, Ch. 30, L. 1983; amd. Sec. 8, Ch. 87, L. 1993; amd. Sec. 3, Ch. 75, L. 1995; amd. Sec. 2, Ch. 269, L. 2001.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-111. Letting of contracts on state highways and commission-designated highway systems

60-2-111. Letting of contracts on state highways and commission-designated highway systems.
(1) Except as provided in subsection (2), all contracts for the construction or reconstruction of the highways located on commission-designated highway systems and state highways, including portions in cities and towns, and all contracts entered into under 7-14-4108 must be let by the commission. Except as otherwise specifically provided, the commission may enter the types of contracts and upon terms that it may decide. All contracts must meet the requirements of Title 18, chapter 2, part 4. When there is no prevailing rate of wages set by collective bargaining, the commission shall determine the prevailing rate to be stated in the contract.
(2) The commission may delegate the authority, with all applicable statutory restrictions, to award any contract covered by this section to the department or to a unit of local government.
(3) The commission may award contracts for projects that the department has determined are part of the design-build contracting program authorized in 60-2-137.
(4) The commission may award contracts using alternative project delivery methods in accordance with 60-2-120.
History: En. Sec. 9-101, Ch. 197, L. 1965; R.C.M. 1947, 32-4101; amd. Sec. 1, Ch. 88, L. 1983; amd. Sec. 9, Ch. 87, L. 1993; amd. Sec. 7, Ch. 192, L. 2003; amd. Sec. 3, Ch. 56, L. 2007; amd. Sec. 3, Ch. 54, L. 2017; amd. Sec. 9, Ch. 299, L. 2019; amd. Sec. 4, Ch. 145, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-113. Bidder's security -- contractor's bond

60-2-113. Bidder's security -- contractor's bond.
(1) (a) Subject to subsection (1)(b), whenever the commission calls for competitive bidding, each bidder shall meet all requirements of Title 18, chapter 1, part 2.
(b) The commission may accept electronic bid bonds signed electronically or otherwise verified by the bidder and the surety.
(2) Each contractor awarded a contract by the commission shall meet all requirements set forth in Title 18, chapter 2, part 2. A contract is not considered to be completed until the commission, while formally convened, affirmatively accepts all of the work specified in the contract.
History: En. Sec. 9-103, Ch. 197, L. 1965; R.C.M. 1947, 32-4103; amd. Sec. 2, Ch. 48, L. 2009.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-114. Bids for contracts let by commission to contain security, unit price, and signature

60-2-114. Bids for contracts let by commission to contain security, unit price, and signature.
Each bid communicated to the commission in response to a request for bids required by this part must comply with the unit price and signature requirements of 18-2-303 and the bid security requirements of 60-2-113 in order for the bid to be accepted.
History: En. Sec. 3, Ch. 282, L. 1999.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-115. Contract let by commission -- time for final payment of contract price -- interest

60-2-115. Contract let by commission -- time for final payment of contract price -- interest.
(1) Subject to subsections (2) through (4), the department shall comply with the 30-day time period for payment of contracts as provided in 18-2-306 for all contracts let by the commission in accordance with this part.
(2) For the final payment on a contract, the department shall, within 30 days after a request by the contractor for final acceptance, perform an inspection of the project and notify the contractor of whether the department has granted or refused final acceptance.
(3) If the department notifies the contractor that the department has granted final acceptance, the department shall make the final payment of the contract price specified in the contract to the other party to the contract within 90 days after the notice.
(4) (a) If the department notifies the contractor that the department has refused final acceptance, the department shall include with the notice a list of all deficiencies that must be cured before the department will grant final acceptance.
(b) After the contractor has cured all of the deficiencies, the contractor shall request final acceptance by the department. Within 30 days after the contractor's request, the department shall perform an inspection of all of the cured deficiencies.
(c) If the department notifies the contractor of its final acceptance, the department shall make the final payment as provided in subsection (3).
(d) If the department notifies the contractor that the department has refused final acceptance, the department shall:
(i) notify the contractor of any remaining deficiencies; and
(ii) grant final acceptance, subject to any remedy provided under the provisions of Title 28, chapter 2.
(5) When the department grants final acceptance, the department shall immediately consider the contract complete and close the contract.
(6) For the purposes of this section, the following definitions apply:
(a) "Final acceptance" means the department's acceptance of the construction, maintenance, or public works project upon certification by the architect, project engineer, or other representative of the department of final completion of the project.
(b) "Final completion" means that the project has been completed in accordance with the terms and conditions of the contract documents and all warranties have expired.
History: En. Sec. 2, Ch. 439, L. 1999; amd. Sec. 1, Ch. 348, L. 2013.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-116. Payment of contractors and subcontractors

60-2-116. Payment of contractors and subcontractors.
Unless prohibited by federal law, payment under this part of a contractor or subcontractor for services performed by the contractor or subcontractor is governed by the provisions of Title 28, chapter 2, part 21.
History: En. Sec. 2, Ch. 259, L. 2007.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-117. Contract indemnification provisions

60-2-117. Contract indemnification provisions.
(1) Except as provided in subsections (2) and (3), a contract subject to the provisions of this part with a provision that requires one party to the contract to indemnify, hold harmless, insure, or defend the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs that are caused by the negligence, recklessness, or intentional misconduct of the other party or the other party's officers, employees, or agents is void as against the public policy of this state.
(2) A contract subject to the provisions of this part may contain a provision:
(a) requiring one party to the contract to indemnify, hold harmless, or insure the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs, including but not limited to reasonable attorney fees, only to the extent that the liability, damages, losses, or costs are caused by the negligence, recklessness, or intentional misconduct of a third party or of the indemnifying party or the indemnifying party's officers, employees, or agents; or
(b) requiring a party to the contract to purchase a project-specific insurance policy, including but not limited to an owner's and contractor's protective insurance, a project management protective liability insurance, or a builder's risk insurance.
(3) This section does not apply to indemnity of a surety by a principal on a contract bond or to an insurer's obligation to its insureds.
(4) As used in this section, "contract" means, with respect to highway construction, an agreement for architectural services, alterations, construction, demolition, design services, development, engineering services, excavation, maintenance, repair, or other improvement to real property, including an agreement to supply labor, materials, or equipment for an improvement to real property.
History: En. Sec. 3, Ch. 259, L. 2007.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-119. Terminated

60-2-119. Terminated.
Sec. 6, Ch. 54, L. 2017; Sec. 7, Ch. 145, L. 2023.
History: En. Sec. 1, Ch. 54, L. 2017; amd. Sec. 17, Ch. 163, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-120. Alternative project delivery

60-2-120. Alternative project delivery.
(1) The commission may use alternative project delivery methods for letting contracts.
(2) Once the commission, acting on a recommendation of the department, identifies a project for which an alternative project delivery method will be used and approves selection criteria proposed by the department, the department shall prepare and advertise a request for qualifications.
(3) From the responders, the department shall prepare a short list of the highest scoring responders, not to exceed five responders on any single project.
(4) The department shall announce the short list and issue a request for proposals inviting each responder on the short list to submit a technical and price proposal to the department.
(5) The department shall evaluate the technical and price proposals and present to the commission the department's written recommendation to award the contract.
History: En. Sec. 1, Ch. 145, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-121. Authority of commission to prioritize expenditures on railroad crossings -- public hearing

60-2-121. Authority of commission to prioritize expenditures on railroad crossings -- public hearing.
(1) The commission shall adopt rules to prioritize the expenditure of funds on railroad crossings.
(2) If requested by the board of county commissioners of any county, the commission shall conduct a public hearing in the affected county on the priority assigned any railroad crossing, and based on the evidence presented at the public hearing, the commission may revise the priority of the railroad crossing.
History: En. Sec. 1, Ch. 359, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-126. Designation of public highways -- apportionment of funds

60-2-126. Designation of public highways -- apportionment of funds.
(1) For the purpose of apportioning state and federal-aid highway funds, the commission shall designate the public highways and streets to be placed on the following systems:
(a) the national highway system;
(b) the primary highway system;
(c) the secondary highway system; or
(d) the urban highway system.
(2) The commission shall consult with the board of county commissioners of the county in which a highway is located prior to designating a public highway to be placed on the secondary highway system.
(3) The commission shall consult with the appropriate local government authorities prior to designating a highway or street to be placed on the urban highway system.
(4) The commission may designate public highways not placed on the systems listed in subsection (1) as state highways.
History: En. Sec. 2, Ch. 87, L. 1993; amd. Sec. 10, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-127. Allocation of funds for projects

60-2-127. Allocation of funds for projects.
(1) Each year, out of federal-aid highway funds available for construction purposes, the commission shall allocate a portion of the funds for projects located on:
(a) the national highway system;
(b) the primary highway system;
(c) the secondary highway system;
(d) the urban highway system; and
(e) state highways.
(2) In making allocations under subsection (1), the commission shall comply with all applicable provisions relating to the use of federal-aid highway funds contained in Title 23, U.S.C.
(3) Notwithstanding the allocations made available to the secondary and urban highway systems in subsection (1), the commission may, with the concurrence of the appropriate local officials, authorize the use of federal-aid highway funds allocated under subsections (1)(c) and (1)(d) for any project eligible under 23 U.S.C. 133(b) relative to the surface transportation program.
(4) The commission may enter into an agreement with a city, county, or consolidated city-county government, under terms and conditions that the commission determines necessary, to allow the city, county, or consolidated city-county government recipient of urban funds apportioned under 60-3-211 to dedicate all or a portion of the urban fund apportionment to the retirement of the bonds authorized by 7-7-110.
History: En. Sec. 3, Ch. 87, L. 1993; amd. Sec. 1, Ch. 298, L. 1999; amd. Sec. 2, Ch. 336, L. 2005.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-128. Maintenance system -- designation of highways

60-2-128. Maintenance system -- designation of highways.
The commission shall designate the public highways that are to be included on the state maintenance system. Except as provided in 60-2-107, the system must include all the highways that the department maintained on July 1, 1976.
History: En. Sec. 4, Ch. 87, L. 1993; amd. Sec. 2, Ch. 178, L. 1997.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-129. Allocation of funds

60-2-129. Allocation of funds.
(1) The commission may allocate federal-aid highway funds for projects or programs in which all or a portion of the work is on highways that are not located on the highway systems defined in 60-1-103. The allocations must be made without regard to the financial district in which the project or program is located.
(2) Within the programs under its jurisdiction, the commission shall allocate all federal transit administration funds, freight assistance funds, or any funds or grants available by legislative appropriation for the study, design, construction, repair, or improvement of rail or transit intermodal transportation systems.
(3) The commission may authorize the transfer of federal funds between qualified programs, including highway and transit programs.
(4) The commission may delegate the functions and responsibilities under this section to the department.
History: En. Sec. 6, Ch. 87, L. 1993; amd. Sec. 4, Ch. 75, L. 1995; amd. Sec. 11, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-133. U.S. highway 2 -- planning

60-2-133. U.S. highway 2 -- planning.
The commission may direct the department to construct a four-lane highway generally along the present route of U.S. highway 2 from the North Dakota border to the Idaho border in order to increase tourism and to bring economic development to Montana. Planning for the U.S. highway 2 project may be included in any future fiscal plan developed by the department.
History: En. Sec. 1, Ch. 269, L. 2001; amd. Sec. 1, Ch. 273, L. 2009.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-134. Definitions

60-2-134. Definitions.
For the purposes of 18-8-204, 18-8-205, 60-2-111, 60-2-112, 60-2-120, 60-2-137, and this section, the following definitions apply:
(1) (a) "Alternative project delivery method" means a process approved by the commission and recognized by the U.S. department of transportation, federal highway administration, for federal participation under the United States Code and federal regulations.
(b) The term does not include a design-build contract awarded by the commission under 60-2-111(3).
(2) "Design-build contracting" means the process of entering into a single contract between the commission and a design-build contractor in which the design-build contractor agrees to design and build a highway, structure, or facility or any other items required in a request for proposals.
(3) "Design-build contractor" means an individual, partnership, corporation, joint venture, or other legally recognized entity that is appropriately licensed in Montana and that provides the necessary design and construction services, including contract administration.
(4) "Design-build or alternative project delivery criteria package" means the document provided by the department that contains the information necessary to guide a prospective design-build contractor in the preparation and submission of a proposal for a design-build or alternative project delivery project.
(5) "Request for proposals" means a part of the design-build or alternative project delivery criteria package that contains a detailed scope of work, including design concepts, technical requirements and specifications, the time allowed for design and construction, the department's estimated cost of the project, the deadline for submitting a proposal, the selection criteria, and a copy of the contract.
(6) "Request for qualifications" means a part of the design-build or alternative project delivery criteria package that contains the desired minimum qualifications of the design-build or alternative project delivery contractor, a scope of work statement, the project requirements, the amount of reimbursement that the commission has determined will be paid to prospective contractors who qualify for the short list but are not awarded a contract, if applicable, and the selection criteria that the department will use in compiling the short list of prospective design-build contractors to consider.
History: En. Sec. 1, Ch. 192, L. 2003; amd. Sec. 5, Ch. 56, L. 2007; amd. Sec. 6, Ch. 111, L. 2021; amd. Sec. 6, Ch. 145, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-136. Repealed

60-2-136. Repealed.
Sec. 7, Ch. 56, L. 2007.
History: En. Sec. 3, Ch. 192, L. 2003; amd. Sec. 1, Ch. 113, L. 2005.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-137. Design-build contracting process -- submission of proposals -- department's duties

60-2-137. Design-build contracting process -- submission of proposals -- department's duties.
(1) Once the commission, acting on a recommendation of the department, has identified a project for which the design-build contracting process will be used and the commission has approved selection criteria proposed by the department, the department shall prepare and advertise a request for qualifications.
(2) From the responders to the request for qualifications, the department shall prepare a short list of the responders that it believes are most qualified, not to exceed five responders on any single project.
(3) (a) The department shall announce the short list and issue a request for proposals to each of the prospective design-build contractors on the short list, who may then submit a technical and price proposal to the department.
(b) A technical and price proposal submitted in response to a request for proposals must contain detailed descriptions of the prospective design-build contractor's approach to designing, constructing, and managing the project in accordance with the design-build criteria package. The technical and price proposal must also include the prospective design-build contractor's conceptual design and construction sequence and schedule and the lump-sum price to complete the project.
(4) The department shall evaluate the technical and price proposals and make a written recommendation to the commission regarding the department's selection of the design-build contractor to be awarded the contract.
(5) The prospective design-build contractors who appeared on the department's short list but are not awarded the contract may be paid a stipend, in an amount determined by the commission, for costs incurred in submitting the response to the department's request for proposals.
History: En. Sec. 4, Ch. 192, L. 2003; amd. Sec. 6, Ch. 56, L. 2007; amd. Sec. 7, Ch. 111, L. 2021.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-140. Rawhide stampede rustlers and rendezvous trade corridor -- planning

60-2-140. Rawhide stampede rustlers and rendezvous trade corridor -- planning.
The commission shall designate a route, to be known as the rawhide stampede rustlers and rendezvous trade corridor, along the present route of state highway 16 from Glendive to the port of Raymond in order to facilitate trade between Canada and Mexico, to encourage economic development, to enhance the safety of motorists along the route, as appropriate, and to support region connectivity. Planning for the state highway 16 improvements must be included, as appropriate, in any future fiscal plan developed by the department.
History: En. Sec. 1, Ch. 362, L. 2005.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-141. Use of Montana-made wooden materials in highway and road projects

60-2-141. Use of Montana-made wooden materials in highway and road projects.
Unless prohibited by federal law, all contracts let by the commission for the construction or reconstruction of the highways located on commission-designated highway systems and state highways, including portions in cities and towns and all contracts entered into under 7-14-4108, must use Montana-made wooden guardrail posts, fenceposts, signposts, and decking when appropriate and when the cost of wooden materials is less than or equal to the cost of other materials.
History: En. Sec. 3, Ch. 180, L. 2011; amd. Sec. 12, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 1. Transportation Commission › 60-2-145. Terminated

60-2-145. Terminated.
Sec. 9, Ch. 111, L. 2021; Sec. 8, Ch. 145, L. 2023.
History: En. Sec. 1, Ch. 111, L. 2021.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-201. General powers of department

60-2-201. General powers of department.
(1) The department may plan, lay out, alter, construct, reconstruct, improve, repair, and maintain highways on the commission-designated highway systems and state highways according to priorities established by and on projects selected and designated by the commission.
(2) The department may cooperate and contract with counties and municipalities to provide assistance in performing these functions on other highways and streets.
(3) The department may review and approve projects for the installation of public works on state highway rights-of-way and authorize a county or municipality to let contracts related to such improvements.
(4) The department shall adopt necessary rules for the construction, repair, maintenance, and marking of state highways and bridges.
History: (1) thru (3)En. Sec. 4-106, Ch. 197, L. 1965; amd. Sec. 74, Ch. 316, L. 1974; amd. Sec. 1, Ch. 283, L. 1977; Sec. 32-2406, R.C.M. 1947; (4)En. Sec. 4-107, Ch. 197, L. 1965; amd. Sec. 1, Ch. 201, L. 1967; amd. Sec. 75, Ch. 316, L. 1974; Sec. 32-2407, R.C.M. 1947; R.C.M. 1947, 32-2406(part), 32-2407(part); amd. Sec. 1, Ch. 324, L. 1979; amd. Sec. 2, Ch. 30, L. 1983; amd. Sec. 13, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-202. Duties of department

60-2-202. Duties of department.
The department shall:
(1) maintain and preserve the records of the commission in its office at Helena; and
(2) file and preserve copies of all plans, specifications, contracts, estimates, and official acts taken by it or by the commission.
History: En. Sec. 4-109, Ch. 197, L. 1965; amd. Sec. 11, Ch. 93, L. 1969; amd. Sec. 77, Ch. 316, L. 1974; R.C.M. 1947, 32-2409(2); amd. Sec. 12, Ch. 140, L. 1985; amd. Sec. 2, Ch. 82, L. 1991.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-203. Maintenance responsibility

60-2-203. Maintenance responsibility.
(1) The department shall maintain all public highways or portions of public highways that it maintained on July 1, 1976.
(2) The department shall assume the maintenance responsibilities for paved secondary roads as roads are identified cooperatively by the department and the county or counties in which a paved secondary road or paved secondary road segment is located. The department may phase in maintaining the paved secondary roads but must have completely assumed the responsibilities by January 1, 2001.
History: En. 32-2402.2 by Sec. 2, Ch. 390, L. 1977; R.C.M. 1947, 32-2407.2; amd. Sec. 1, Ch. 542, L. 1999.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-204. Maintenance agreements with local governments

60-2-204. Maintenance agreements with local governments.
Except as provided in 60-2-203, the department may enter into an agreement with a local governing body to maintain portions of public highways within its boundaries upon terms and conditions as may be agreed upon. However, in the case of highways in the state maintenance system as referred to in 60-2-128 and 60-2-203:
(1) the department shall bear the entire cost of maintenance, operation, and construction work performed by the local governing body pursuant to these agreements; and
(2) the department is responsible for the entire cost of placement and maintenance of all traffic control devices involved in these agreements required by 61-8-203.
History: En. 32-2402.3 by Sec. 3, Ch. 390, L. 1977; R.C.M. 1947, 32-2407.3; amd. Sec. 1, Ch. 411, L. 1979; amd. Sec. 10, Ch. 87, L. 1993; amd. Sec. 2, Ch. 542, L. 1999.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-205. Powers of department with respect to highways not located entirely within the state

60-2-205. Powers of department with respect to highways not located entirely within the state.
The department may expend funds for the construction, reconstruction, engineering, administration, betterment, and maintenance of highways designated under 60-2-106. It may do all things necessary or required to carry out fully the cooperation contemplated under Title 23, U.S.C., with regard thereto.
History: En. Sec. 4-108, Ch. 197, L. 1965; amd. Sec. 76, Ch. 316, L. 1974; R.C.M. 1947, 32-2408(2); amd. Sec. 6, Ch. 23, L. 1979.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-206. Compilation of statistics -- investigation -- consultation

60-2-206. Compilation of statistics -- investigation -- consultation.
(1) The department shall compile statistics regarding public highways throughout the state and collect all related information deemed expedient.
(2) It shall investigate various methods of construction adapted to different sections of the state and decide the best methods of construction and maintenance of highways, bridges, and road markers.
(3) The department may be consulted at all reasonable times by county officers having care and authority over highways and bridges and shall advise them on construction, repair, alteration, or maintenance.
(4) The department shall furnish such information and advice as may be requested by persons interested in the construction, maintenance, and marking of public highways. It shall at all times lend its aid in promoting highway improvement throughout the state.
History: En. Sec. 4-110, Ch. 197, L. 1965; amd. Sec. 78, Ch. 316, L. 1974; R.C.M. 1947, 32-2410.