reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 20. Department of Justice › 2-15-2015. Workers' compensation fraud investigation and prosecution office

2-15-2015. Workers' compensation fraud investigation and prosecution office.
(1) There is a workers' compensation fraud investigation and prosecution office in the department of justice. The office shall investigate and prosecute cases referred by the state compensation insurance fund or the department of labor and industry on behalf of the uninsured employers' fund. The office is under the supervision and control of the attorney general and consists of:
(a) one or more investigators qualified by education, training, experience, and high professional competence in investigative procedures who shall investigate violations of the provisions of Title 39, chapter 71, at the request of the state compensation insurance fund or the department of labor and industry on behalf of the uninsured employers' fund; and
(b) one or more attorneys licensed to practice law in Montana who shall prosecute violations of the provisions of Title 39, chapter 71. The attorneys may also assist county attorneys in prosecuting violations of Title 39, chapter 71, without charge to the county.
(2) The state compensation insurance fund, the department of labor and industry, and the department of justice shall submit to the legislature for approval one proposed biennial budget for the workers' compensation fraud office. The proposed budget for staffing and related expenses must be based upon the needs of the state compensation insurance fund and the department of labor and industry on behalf of the uninsured employers' fund for investigating and prosecuting workers' compensation fraud.
History: En. Sec. 1, Ch. 296, L. 1993; amd. Sec. 2, Ch. 276, L. 1997; amd. Sec. 6, Ch. 416, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 20. Department of Justice › 2-15-2016. Office of victims services

2-15-2016. Office of victims services.
There is an office of victims services in the department of justice. The office shall ensure that victims and witnesses of crime receive fair and proper treatment in the criminal justice system and that they are provided important services and assistance required by Title 46, chapter 24. The office is under the supervision and control of the attorney general.
History: En. Sec. 1, Ch. 124, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 20. Department of Justice › 2-15-2025. Environmental violations investigation and prosecution -- authority

2-15-2025. Environmental violations investigation and prosecution -- authority.
The department of justice, at the request of the department of environmental quality, shall investigate and prosecute violations of the provisions of Title 75 and may also assist county attorneys in investigating and prosecuting violations of the provisions of Title 75 without charge to the county.
History: En. Sec. 1, Ch. 506, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 20. Department of Justice › 2-15-2029. Montana public safety officer standards and training council -- administrative attachment -- rulemaking

2-15-2029. Montana public safety officer standards and training council -- administrative attachment -- rulemaking.
(1) (a) There is a Montana public safety officer standards and training council. The council is a quasi-judicial board, as provided for in 2-15-124, and is allocated to the department of justice, established in 2-15-2001, for administrative purposes only as provided in 2-15-121, except as provided in subsection (1)(b) of this section.
(b) The council may hire its own personnel and independently administer the conduct of its business, and 2-15-121(2)(a), (2)(d), and (3)(a) do not apply.
(2) The council may adopt rules to implement the provisions of Title 44, chapter 4, part 4. Rules must be adopted pursuant to the Montana Administrative Procedure Act.
History: En. Sec. 1, Ch. 506, L. 2007; amd. Sec. 4, Ch. 456, L. 2019.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 20. Department of Justice › 2-15-2033. Sexual assault prosecution unit

2-15-2033. Sexual assault prosecution unit.
(1) There is a sexual assault prosecution unit in the prosecution services bureau of the department of justice. The unit is under the supervision and control of the attorney general and, subject to the availability of appropriated funds, consists of the agents and employees of the department whom the attorney general considers necessary and appropriate, including but not limited to at least two people who are licensed to practice law in Montana and who are qualified by education, training, experience, and high professional competence to prosecute sexual assault crimes.
(2) The sexual assault prosecution unit shall assist and train county attorneys and local law enforcement in the prosecution of sexual assault crimes.
History: En. Sec. 1, Ch. 13, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 20. Department of Justice › 2-15-2034. Sexual assault response network program

2-15-2034. Sexual assault response network program.
There is a sexual assault response network program in the department of justice. The program, subject to the availability of appropriated funds, consists of the agents and employees of the department whom the attorney general considers necessary and appropriate, including the sexual assault response network program coordinator provided under 44-4-1704. The program has the duties provided under 44-4-1702.
History: En. Sec. 1, Ch. 165, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 20. Department of Justice › 2-15-2035. Sexual assault response team committee

2-15-2035. Sexual assault response team committee.
(1) There is a sexual assault response team committee in the department of justice.
(2) The committee is allocated to the department of justice for administrative purposes only as prescribed in 2-15-121.
(3) The committee has the duties provided for in 44-4-1703. The provisions of 2-15-124 do not apply.
(4) Committee members must be appointed by the Montana attorney general.
(5) Committee members shall serve at the pleasure of the appointing authority and for no longer than 4 years without reappointment. Committee membership includes but is not limited to:
(a) at least one sexual assault nurse examiner;
(b) a hospital administrator;
(c) a registered nurse or advanced practice registered nurse;
(d) a telehealth affiliate or provider;
(e) a representative from a victim service provider or organization;
(f) a representative from a law enforcement agency;
(g) a county attorney representative or designee;
(h) a member from the department of justice forensic sciences division;
(i) a member from the department of justice state attorney's office;
(j) a member from the department of justice information technology service desk;
(k) a representative of the office of state public defender; and
(l) a member with a tribal affiliation who has experience working with indigenous survivors.
(6) Each member is entitled to reimbursement of travel expenses incurred while in performance of committee duties by the department of justice as provided for in 2-18-501 through 2-18-503.
(7) A vacancy must be filled in the same manner as the original appointment.
History: En. Sec. 2, Ch. 165, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 20. Department of Justice › 2-15-2040. Definitions

2-15-2040. Definitions.
For the purposes of 2-15-2040 through 2-15-2045, the following definitions apply:
(1) "Board" means the Montana end of watch trust board established in 2-15-2044.
(2) "Catastrophic injury" means an injury directly related to an individual's required employment duties with direct or proximate consequences that renders the individual in need of 24-hour care, permanently incapacitates the individual, and permanently prevents the individual from performing any gainful work.
(3) "Department" means the department of justice.
(4) "Immediate family" means a law enforcement officer's spouse and dependent children under age 18, including children to whom the law enforcement officer is a legal guardian.
(5) "In the line of duty" means an action taken by a law enforcement officer or an activity in which a law enforcement officer participated:
(a) as required or authorized by law, rule, regulation, condition of employment, or professional ethics; and
(b) for which compensation is provided by the officer's employer or would have been provided by the officer's employer if the officer had been on duty at the time the action in question was taken.
(6) "Law enforcement officer" means:
(a) a police officer, deputy sheriff, undersheriff, highway patrol officer, investigator appointed by the department of justice, fish and game warden, park ranger, or other public safety officer certified by the public safety officer standards and training council; or
(b) a sheriff.
History: En. Sec. 1, Ch. 669, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 20. Department of Justice › 2-15-2041. Montana end of watch trust

2-15-2041. Montana end of watch trust.
(1) There is a Montana end of watch trust within the permanent fund type for the purpose of supporting eligible law enforcement officers and their surviving immediate family in the event of an officer's death or catastrophic injury in the line of duty.
(2) The department may accept contributions and gifts for the trust in money or other forms. When accepted, the contributions and gifts must be deposited in the trust.
(3) The legislature may transfer money to the trust.
(4) The state treasurer shall each month transfer from the trust to the account established in 2-15-2042 the amount of earnings, excluding unrealized gains and losses, required to meet the obligations of the state that are payable from the account. Earnings not transferred to the account established in 2-15-2042 must be retained in the trust account. Any unexpended interest that transfers back into the trust can be appropriated if monthly obligations exceed the current available interest in the account. If this portion of the trust is appropriated in any fiscal year, the state treasurer shall transfer that same amount from the general fund to the trust in the following fiscal year.
(5) The board of investments shall invest money deposited in the fund established under this section as provided by law.
History: En. Sec. 2, Ch. 669, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 20. Department of Justice › 2-15-2043. Certification of continued eligibility -- notification of change in marital status -- notification of date of birth

2-15-2043. Certification of continued eligibility -- notification of change in marital status -- notification of date of birth.
(1) Each year on the anniversary of the first payment made under 2-15-2042(3), the catastrophically injured law enforcement officer, surviving spouse, other immediate family member, or agent of the catastrophically injured law enforcement officer, surviving spouse, or other immediate family member, shall attest to the board on a form provided by the department that the law enforcement officer is still eligible under the definition of catastrophic injury in 2-15-2040. If the law enforcement officer is no longer eligible under the definition of catastrophic injury in 2-15-2040 or if the annual attestation is not submitted within 120 days after the anniversary date of the first payment under 2-15-2042(3), the payment must cease.
(2) If payments are being made to a surviving spouse and the surviving spouse's marital status changes, the surviving spouse shall notify the board of the change in marital status within 120 days. On receipt of notification, the payment must be dispersed as directed in 2-15-2042(3) and (4).
(3) On a form provided by the department and within 180 days of receipt of the first payment, the catastrophically injured law enforcement officer, surviving spouse, other immediate family member, or agent of the catastrophically injured law enforcement officer, surviving spouse, or other immediate family member, shall provide the board with the identity and dates of birth of all dependent children of the law enforcement officer who were under 18 years of age at the time of the law enforcement officer's catastrophic injury or date of death.
History: En. Sec. 4, Ch. 669, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 20. Department of Justice › 2-15-2044. Montana end of watch trust board

2-15-2044. Montana end of watch trust board.
(1) There is a volunteer board to oversee the administration of the Montana end of watch trust provided for in 2-15-2041. The board is attached to the department for administrative purposes only, as provided in 2-15-121.
(2) The board consists of five members appointed by the attorney general, including:
(a) a representative of the Montana sheriffs and peace officers association;
(b) a representative of the Montana police protective association;
(c) a representative of the association of Montana troopers;
(d) a representative of the Montana association of chiefs of police; and
(e) a representative from the department.
(3) The board shall:
(a) meet at least once each fiscal year;
(b) act as an advocate for law enforcement officers catastrophically injured in the line of duty and the surviving immediate family members of officers who died in the line of duty; and
(c) settle disputes and concerns regarding trust benefits.
(4) The representatives in subsection (2) must be sworn actors of a participating agency.
History: En. Sec. 5, Ch. 669, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 20. Department of Justice › 2-15-2045. End of watch health insurance support

2-15-2045. End of watch health insurance support.
(1) (a) Local governments that employ a law enforcement officer and provide health insurance benefits to an officer, an officer's spouse, or an officer's dependents shall:
(i) enroll the officer and the officer's spouse and dependents in COBRA continuation coverage if the officer is catastrophically injured; and
(ii) enroll the officer's spouse and dependents in COBRA coverage if the officer dies in the line of duty.
(b) Continuation coverage under this section must provide for the same level of continuation coverage benefits as is available to other members of the group. Premiums charged to an officer, spouse, or dependent under this section must be the same as premiums charged to other similarly situated members of the group.
(c) Dependent special enrollment must be allowed under the terms of the insurance contract or plan.
(d) The provisions of this section are applicable to an officer, spouse, or dependent who is already insured under a COBRA continuation provision.
(2) The law enforcement officer's employing agency shall pay the premium for 4 months after the catastrophic injury or death in the line of duty, after which the officer, spouse, or dependent shall pay the premium.
(3) The benefit plans may discontinue or not renew the coverage of an officer, spouse, or dependent only if:
(a) the officer, spouse, or dependent has failed to pay premiums or contributions for which the individual is responsible;
(b) the officer, spouse, or dependent has performed an act or practice that constitutes fraud or has made an intentional misrepresentation of a material fact under the terms of the coverage; or
(c) the state employee group benefit plans cease to offer coverage in accordance with applicable state law.
History: En. Sec. 6, Ch. 669, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 21. Environmental Advisory Boards › 2-15-2101. Repealed

2-15-2101. Repealed.
Sec. 568, Ch. 546, L. 1995.
History: En. 82A-601 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 95, Ch. 349, L. 1974; amd. Sec. 1, Ch. 326, L. 1977; R.C.M. 1947, 82A-601; amd. Sec. 1, Ch. 34, L. 1989.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 21. Environmental Advisory Boards › 2-15-2102. Repealed

2-15-2102. Repealed.
Sec. 4, Ch. 34, L. 1989.
History: En. 82A-608 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 100, Ch. 349, L. 1974; amd. Sec. 2, Ch. 326, L. 1977; R.C.M. 1947, 82A-608.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 21. Environmental Advisory Boards › 2-15-2103. Repealed

2-15-2103. Repealed.
Sec. 3, Ch. 16, Sp. L. November 1993.
History: En. 82A-604 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 97, Ch. 349, L. 1974; R.C.M. 1947, 82A-604.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 21. Environmental Advisory Boards › 2-15-2104. Repealed

2-15-2104. Repealed.
Sec. 567, Ch. 546, L. 1995.
History: En. 82A-605 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 1, Ch. 322, L. 1975; amd. Sec. 1, Ch. 524, L. 1977; R.C.M. 1947, 82A-605; amd. Sec. 1, Ch. 450, L. 1981; amd. Sec. 2, Ch. 34, L. 1989.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 21. Environmental Advisory Boards › 2-15-2105. Water and wastewater operators' advisory council

2-15-2105. Water and wastewater operators' advisory council.
(1) There is a water and wastewater operators' advisory council.
(2) The council consists of seven members. Except as provided in subsection (2)(e), the members must be appointed by the governor. The members are:
(a) two members who are employed water supply system or water treatment plant operators holding valid certificates. One of these members must hold a certificate by examination of the highest class issued by the department of environmental quality. There is no restriction on the classification of the certificate held by the other operator.
(b) two members who are employed wastewater treatment plant operators holding valid certificates. One of these members must hold a certificate by examination of the highest class issued by the department of environmental quality. There is no restriction on the classification of the certificate held by the other operator.
(c) one member serving on the faculty of a university or college whose major field is related to water supply systems, wastewater treatment, chemical or civil engineering, chemistry, or bacteriology;
(d) one member who is a representative of a municipality that is required to employ a certified operator and who holds a position of city manager, city engineer, director of public works, works manager, or an equivalent position;
(e) a qualified member of the staff of the department of environmental quality, appointed by the department's director.
(3) Members, except the ex officio member from the department of environmental quality, shall serve for terms of 6 years.
History: En. 82A-612 by Sec. 101, Ch. 349, L. 1974; R.C.M. 1947, 82A-612; amd. Sec. 3, Ch. 243, L. 1983; amd. Sec. 1, Ch. 16, Sp. L. November 1993; amd. Sec. 13, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 21. Environmental Advisory Boards › 2-15-2106. Repealed

2-15-2106. Repealed.
Sec. 3, Ch. 417, L. 2013.
History: En. 82A-606 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 98, Ch. 349, L. 1974; R.C.M. 1947, 82A-606.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 21. Environmental Advisory Boards › 2-15-2107. Water pollution control advisory council

2-15-2107. Water pollution control advisory council.
(1) There is a water pollution control advisory council.
(2) The council consists of 11 members. The members are appointed by the governor and include:
(a) a representative of industry concerned with the disposal of inorganic waste;
(b) a representative of industry concerned with the disposal of organic waste;
(c) a supervisor of a soil and water conservation district;
(d) an irrigated agriculture representative;
(e) a production agriculture representative;
(f) a person serving as public works director, director of public utilities, wastewater or public works superintendent, plant manager, or operator in charge of a publicly owned treatment works;
(g) a conservation organization representative;
(h) a realtor or developer representative;
(i) a licensed professional engineer with experience in sanitary engineering;
(j) a fisheries biologist; and
(k) a member of the public.
(3) The appointed council members serve at the pleasure of the governor.
(4) Subsections (5) through (8) of 2-15-122 apply to the council and members.
History: En. 82A-607 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 99, Ch. 349, L. 1974; R.C.M. 1947, 82A-607; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 1, Ch. 488, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 21. Environmental Advisory Boards › 2-15-2108. Petroleum tank release compensation board

2-15-2108. Petroleum tank release compensation board.
(1) There is a petroleum tank release compensation board.
(2) The board consists of seven members appointed by the governor as follows:
(a) a representative of the financial or banking industry with experience in small business or property loans;
(b) a representative of the petroleum services industry or a representative of the petroleum release remediation consultant industry;
(c) a representative of independent petroleum marketers and chain retailers;
(d) a representative of the general public;
(e) a representative of service station dealers;
(f) a representative of the insurance industry; and
(g) a person with a background in environmental regulation.
(3) The board shall elect a presiding officer.
(4) The term of membership is 3 years.
(5) Members shall serve without pay, but are entitled to reimbursement for travel, meals, and lodging while engaged in board business, as provided in 2-18-501 through 2-18-503.
History: En. Sec. 8, Ch. 528, L. 1989; amd. Sec. 4, Ch. 706, L. 1991; amd. Sec. 1, Ch. 55, L. 1995; amd. Sec. 14, Ch. 418, L. 1995; amd. Sec. 1, Ch. 259, L. 1999; amd. Sec. 1, Ch. 356, L. 2005.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 21. Environmental Advisory Boards › 2-15-2110. Small business compliance assistance advisory council

2-15-2110. Small business compliance assistance advisory council.
(1) There is a small business compliance assistance advisory council.
(2) The council consists of seven members, as follows:
(a) two members that are not owners or representatives of owners of small business stationary sources, appointed by the governor to represent the general public;
(b) four members that are owners or representatives of owners of small business stationary sources and who are not legislators, one to be appointed by the majority leader and minority leader of the house of representatives and one to be appointed by the majority leader and minority leader of the senate; and
(c) one member that is a representative of the department of environmental quality, appointed by the director of that department.
(3) Appointed members shall serve for terms of 3 years.
(4) The provisions of 2-15-122(5) through (8) apply to the council and its members.
History: En. Sec. 14, Ch. 502, L. 1993; amd. Sec. 15, Ch. 418, L. 1995; amd. Sec. 7, Ch. 4, Sp. L. May 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2201. Department of public health and human services -- head

2-15-2201. Department of public health and human services -- head.
There is a department of public health and human services. The department head is a director of public health and human services appointed by the governor in accordance with 2-15-111.
History: En. 82A-1901 by Sec. 1, Ch. 272, L. 1971; R.C.M. 1947, 82A-1901; amd. Sec. 15, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2203. Board of public assistance -- allocation -- quasi-judicial

2-15-2203. Board of public assistance -- allocation -- quasi-judicial.
(1) There is a board of public assistance.
(2) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121.
(3) The board consists of three members appointed by the governor as prescribed in 2-15-124, except that an employee of the department of public health and human services may not be appointed to the board.
(4) The board is designated as a quasi-judicial board for purposes of 2-15-124. For purposes of that section, a majority is considered as one.
History: En. 82A-1906 by Sec. 1, Ch. 272, L. 1971; R.C.M. 1947, 82A-1906; amd. Sec. 1, Ch. 37, L. 1987; amd. Sec. 16, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2205. Division of visual services

2-15-2205. Division of visual services.
There is a division of visual services within the department of public health and human services. The division head is an administrator appointed by the director of the department of public health and human services in accordance with classification requirements. The division is responsible for administration of rehabilitative and other services for blind persons and persons with low vision.
History: En. Sec. 1, Ch. 523, L. 1979; amd. Sec. 2, Ch. 239, L. 1989; amd. Sec. 18, Ch. 546, L. 1995; amd. Sec. 1, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2206. Office of aging

2-15-2206. Office of aging.
(1) There is an office of aging, headed by a coordinator of aging. The office is in the department of public health and human services.
(2) The governor shall appoint an advisory council on aging. The council is composed of 11 members, a majority of whom must be 60 years of age or older. Members shall serve staggered 3-year terms and until their successors are appointed. Vacancies must be filled by appointment for the unexpired term. The council is allocated to the department of public health and human services for administrative purposes only.
History: En. Sec. 1, Ch. 664, L. 1983; amd. Sec. 1, Ch. 171, L. 1985; amd. Sec. 1, Ch. 336, L. 1993; amd. Sec. 10, Ch. 546, L. 1995; Sec. 2-15-231, MCA 1995; redes. 2-15-2206 by Sec. 314(2), Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2210. Repealed

2-15-2210. Repealed.
Sec. 16, Ch. 171, L. 1997.
History: En. Sec. 4, Ch. 569, L. 1991; amd. Sec. 17, Ch. 418, L. 1995; amd. Sec. 19, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2212. Committee on telecommunications access services for persons with disabilities -- composition -- allocation

2-15-2212. Committee on telecommunications access services for persons with disabilities -- composition -- allocation.
(1) There is a committee on telecommunications access services for persons with disabilities.
(2) The committee consists of 13 members appointed by the governor as follows:
(a) four members who are persons with disabilities, two of whom must be deaf or hard-of-hearing;
(b) two members who are not persons with disabilities, one of whom must be engaged in a business other than a business in the telecommunications industry and one of whom must be a senior citizen;
(c) one member from the department of public health and human services;
(d) one member from a public safety answering point, as defined in 10-4-101, who has knowledge of emergency communications issues for individuals who are deaf or hard-of-hearing;
(e) one member from an independent service provider;
(f) one member from an interLATA interexchange carrier;
(g) one member from the public service commission;
(h) one member who is a licensed audiologist; and
(i) one member from the department of administration.
(3) The committee is allocated to the department of public health and human services for administrative purposes only as provided in 2-15-121.
History: En. Sec. 3, Ch. 669, L. 1989; amd. Sec. 20, Ch. 546, L. 1995; amd. Sec. 1, Ch. 396, L. 1997; amd. Sec. 2, Ch. 472, L. 1997; amd. Sec. 25, Ch. 313, L. 2001; amd. Sec. 1, Ch. 325, L. 2007; amd. Sec. 1, Ch. 403, L. 2019.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2213. Repealed

2-15-2213. Repealed.
Sec. 16, Ch. 171, L. 1997.
History: En. Sec. 5, Ch. 649, L. 1989; amd. Sec. 1, Ch. 634, L. 1991; amd. Sec. 14, Ch. 546, L. 1995; Sec. 2-15-2109, MCA 1993; redes. 2-15-2213 by Sec. 568, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2214. Montana children's trust fund board

2-15-2214. Montana children's trust fund board.
(1) There is a Montana children's trust fund board, consisting of seven members appointed by the governor and serving 3-year terms. Two board members must be chosen from state government agencies involved in education and social work relating to children. The governor shall ensure geographic distribution of appointees.
(2) The board is allocated to the department of public health and human services for administrative purposes only, as provided in 2-15-121. The board may employ staff to carry out its duties as described in Title 52, chapter 7, part 1.
History: En. Sec. 2, Ch. 610, L. 1985; amd. Sec. 11, Ch. 609, L. 1987; Sec. 2-15-2211, MCA 1985; redes. 2-15-2402 by Sec. 114, Ch. 609, L. 1987; amd. Sec. 1, Ch. 514, L. 1991; amd. Sec. 23, Ch. 546, L. 1995; Sec. 2-15-2402, MCA 1993; redes. 2-15-2214 by Sec. 568, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2215. Repealed

2-15-2215. Repealed.
Sec. 16, Ch. 171, L. 1997.
History: En. Sec. 1, Ch. 579, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2216. Trauma care committee

2-15-2216. Trauma care committee.
(1) There is a trauma care committee.
(2) The committee consists of members appointed by the governor as follows:
(a) a member of the Montana committee on trauma of the American college of surgeons, who shall serve as presiding officer of the committee;
(b) two members from each regional trauma care advisory committee created pursuant to 50-6-411;
(c) a member of the Montana trauma coordinators;
(d) a representative of the Montana hospital association;
(e) a member of the Montana medical association;
(f) a member of the emergency nurses association;
(g) an individual who is or who is employed by a Montana private ambulance operator;
(h) a member of the Montana emergency medical services association;
(i) a nurse or physician representing the Indian health service; and
(j) a member of the American college of emergency physicians, Montana chapter.
(3) Members must be appointed for 4-year terms, except that seven of the members initially appointed shall serve terms of 2 years. Members serve at the pleasure of the governor. If a vacancy occurs, the governor shall appoint a replacement to fill the unexpired term. A member may be reappointed.
(4) A member of the committee may not receive compensation for performing the member's duties but must be reimbursed for expenses.
(5) The committee is attached to the department of public health and human services for administrative purposes only as provided in 2-15-121.
(6) The committee has the duties provided in 50-6-404.
History: En. Sec. 2, Ch. 579, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2217. Traumatic brain injury advisory council

2-15-2217. Traumatic brain injury advisory council.
(1) There is a traumatic brain injury advisory council attached to the department of public health and human services for administrative purposes only as prescribed in 2-15-121.
(2) The council is composed of the following members:
(a) the director of the department of public health and human services or a designee;
(b) the superintendent of public instruction or a designee;
(c) a representative of a program that provides senior and long-term care services appointed by the director of the department of public health and human services;
(d) six members of the public, appointed by the governor, who represent:
(i) survivors of traumatic brain injury or family members of survivors of traumatic brain injury;
(ii) injury control or prevention programs; and
(iii) advocates for brain-injured persons.
(3) The public members of the advisory council shall serve 3-year terms. The initial appointments may specify a shorter length of the initial term in order to stagger the terms. Vacancies must be filled for the balance of an unexpired term. A member of the council may be reappointed.
(4) The advisory council shall meet quarterly, and the director of the department of public health and human services or a designee shall serve as presiding officer.
(5) The public members of the council shall serve without compensation but may be reimbursed as provided in 2-18-501 through 2-18-503, subject to available funding.
(6) The advisory council shall:
(a) advise and make recommendations to the department of public health and human services and other state agencies on ways to improve and develop services regarding traumatic brain injury, including coordination of services between public and private entities;
(b) encourage citizen participation through the establishment of public hearings and other types of community outreach and prevention activities;
(c) encourage and stimulate research, public awareness, education, and prevention activities; and
(d) advise the department of public health and human services on the expenditures of the traumatic brain injury account established in 2-15-2218 and any grants made from that account.
History: En. Sec. 1, Ch. 449, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2218. Traumatic brain injury account

2-15-2218. Traumatic brain injury account.
(1) There is a traumatic brain injury account in the state special revenue fund for purposes of traumatic brain injury prevention, education, and support.
(2) Money in this account may be used by the department of public health and human services to fund the advisory council and to provide grants for public information and prevention education regarding traumatic brain injury.
History: En. Sec. 2, Ch. 449, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2221. Repealed

2-15-2221. Repealed.
Sec. 9, Ch. 760, L. 2023.
History: En. Sec. 1, Ch. 185, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2222. Repealed

2-15-2222. Repealed.
Sec. 9, Ch. 760, L. 2023.
History: En. Sec. 2, Ch. 185, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2223. Repealed

2-15-2223. Repealed.
Sec. 9, Ch. 760, L. 2023.
History: En. Sec. 3, Ch. 185, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2224. Repealed

2-15-2224. Repealed.
Sec. 9, Ch. 760, L. 2023.
History: En. Sec. 4, Ch. 185, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2225. Repealed

2-15-2225. Repealed.
Sec. 9, Ch. 760, L. 2023.
History: En. Sec. 5, Ch. 185, L. 2003; amd. Sec. 8, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2226. Repealed

2-15-2226. Repealed.
Sec. 9, Ch. 760, L. 2023.
History: En. Sec. 6, Ch. 185, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 22. Department of Public Health and Human Services › 2-15-2230. Dispute resolution requirement for contracts

2-15-2230. Dispute resolution requirement for contracts.
Each written contract that the department of public health and human services enters into for the provision of human services to a third party must contain a clause providing for a dispute resolution process in the event of disagreement between the contractor and the department about the terms of the contract.
History: En. Sec. 1, Ch. 175, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 23. Department of Corrections › 2-15-2301. Department of corrections -- head

2-15-2301. Department of corrections -- head.
There is a department of corrections. The department head is a director of corrections appointed by the governor in accordance with 2-15-111.
History: En. 82A-801 by Sec. 1, Ch. 272, L. 1971; R.C.M. 1947, 82A-801; amd. Sec. 3, Ch. 262, L. 1991; amd. Sec. 21, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 23. Department of Corrections › 2-15-2302. Repealed

2-15-2302. Repealed.
Sec. 18, Ch. 392, L. 2017.
History: En. 82A-804 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 78, Ch. 120, L. 1974; amd. Sec. 1, Ch. 333, L. 1975; R.C.M. 1947, 82A-804; amd. Sec. 1, Ch. 574, L. 1979; amd. Sec. 1, Ch. 154, L. 1989; amd. Sec. 22, Ch. 546, L. 1995; amd. Secs. 1, 2, Ch. 420, L. 1997; amd. Sec. 1, Ch. 559, L. 2003; amd. Sec. 1, Ch. 242, L. 2009; amd. Sec. 1, Ch. 102, L. 2011; amd. Sec. 1, Ch. 209, L. 2013; amd. Sec. 1, Ch. 89, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 23. Department of Corrections › 2-15-2303. Repealed

2-15-2303. Repealed.
Sec. 3, Ch. 495, L. 1979.
History: En. 82A-806 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 80, Ch. 120, L. 1974; R.C.M. 1947, 82A-806.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 23. Department of Corrections › 2-15-2304. Repealed

2-15-2304. Repealed.
Sec. 1, Ch. 286, L. 1981.
History: En. 82A-805 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 79, Ch. 120, L. 1974; R.C.M. 1947, 82A-805.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 23. Department of Corrections › 2-15-2305. Montana board of pardons and parole -- composition and qualifications -- allocation -- quasi-judicial

2-15-2305. Montana board of pardons and parole -- composition and qualifications -- allocation -- quasi-judicial.
(1) There is a board of pardons and parole consisting of five members.
(2) Board members must possess at least one of the following qualifications:
(a) a college degree in criminology, corrections, or a related social science;
(b) at least 5 years of extensive work experience in corrections, the criminal justice system, or criminal law; or
(c) a law degree.
(3) Consideration should be given to balancing members' expertise or knowledge of:
(a) American Indian culture;
(b) serious mental illness and recovery from serious mental illness; and
(c) victim awareness.
(4) Board members shall serve staggered 6-year terms. The terms of board members run with the position, and if a vacancy occurs, the governor shall appoint a person to fill the unexpired portion of the term.
(5) The governor shall designate the presiding officer, as provided in 2-15-124. The governor may designate a different presiding officer at any time. If the governor designates a different presiding officer, the former presiding officer still serves as a board member unless removed for cause pursuant to 2-15-124(6).
(6) The board is allocated to the department of corrections for administrative purposes only as prescribed in 2-15-121. However, the board may hire its own personnel, and 2-15-121(2)(d) does not apply.
(7) The board is designated as a quasi-judicial board for purposes of 2-15-124, except that board members must be compensated as provided in 46-23-111, the terms of board members must be staggered as provided in subsection (4), and the provisions of 2-15-124(1) do not apply to the board.
(8) A favorable vote of a majority of the members of the board is required to implement a policy, procedure, or administrative rule. A favorable vote of the majority of the members of a hearing panel, as defined in 46-23-103, is required to make decisions regarding parole and executive clemency.
History: En. Sec. 1, Ch. 392, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 23. Department of Corrections › 2-15-2307. Repealed

2-15-2307. Repealed.
Sec. 3, Ch. 5, L. 2021.
History: En. Sec. 2, Ch. 416, L. 2017.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 24. Department of Family Services (Renumbered and Repealed) › 2-15-2401. Repealed

2-15-2401. Repealed.
Sec. 567, Ch. 546, L. 1995.
History: En. Sec. 2, Ch. 609, L. 1987.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 24. Department of Family Services (Renumbered and Repealed) › 2-15-2402. Renumbered 2-15-2214

2-15-2402. Renumbered 2-15-2214.
Sec. 568, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 25. Department of Transportation › 2-15-2501. Department of transportation -- head

2-15-2501. Department of transportation -- head.
There is a department of transportation. The department head is the director of transportation appointed by the governor in accordance with 2-15-111. The department may have as many divisions as are necessary, but it must have divisions of:
(1) highways;
(2) aeronautics;
(3) administration;
(4) rail and transit; and
(5) motor carrier services.
History: En. 82A-701 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 204, Ch. 316, L. 1974; R.C.M. 1947, 82A-701; amd. Sec. 4, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 15. Executive Branch Officers and Agencies › Part 25. Department of Transportation › 2-15-2502. Transportation commission

2-15-2502. Transportation commission.
(1) There is a transportation commission composed of five members. One member must be a resident of and appointed from each of these districts, each composed of the counties named:
(a) District 1. Lincoln, Flathead, Sanders, Lake, Mineral, Missoula, Ravalli, Granite, Powell;
(b) District 2. Deer Lodge, Silver Bow, Beaverhead, Madison, Gallatin, Meagher, Broadwater, Jefferson, Park;
(c) District 3. Glacier, Toole, Liberty, Hill, Blaine, Pondera, Teton, Chouteau, Cascade, Lewis and Clark;
(d) District 4. Carter, Powder River, Fallon, Custer, Rosebud, Garfield, Phillips, Valley, McCone, Prairie, Dawson, Wibaux, Richland, Roosevelt, Daniels, Sheridan;
(e) District 5. Golden Valley, Stillwater, Carbon, Big Horn, Yellowstone, Musselshell, Judith Basin, Fergus, Petroleum, Treasure, Wheatland, Sweet Grass.
(2) Of the members appointed from districts 1, 3, 4, and 5, at least one must have specific knowledge of Indian culture and tribal transportation needs. The member provided for under this subsection must be selected by the governor after consultation with the Montana members of the Rocky Mountain tribal leaders council.
(3) Two members may not be residents of the same district at the time of appointment or during their respective terms of office.
(4) Not more than three members may at the time of appointment or during their respective terms be members of the same political party.
(5) An elective state official or state officer, during the term of office to which elected or appointed, or a state employee may not be a member of the commission.
(6) A resolution, motion, or other decision of the commission may not be adopted or passed without the favorable vote of at least three members.
(7) The commission is allocated to the department of transportation for administrative purposes only as prescribed in 2-15-121.
(8) The commission is designated as a quasi-judicial board for purposes of 2-15-124; however, the provision of 2-15-124(1) that at least one member of a quasi-judicial board be an attorney does not apply to the commission.
(9) The commission may adopt rules necessary for its government.
(10) The director of transportation or the director's designee shall act as liaison between the commission and the department.
History: En. Sec. 4-102, Ch. 197, L. 1965; Sec. 32-2402, R.C.M. 1947; amd. and redes. 82A-706.1 by Sec. 72, Ch. 316, L. 1974; amd. Sec. 2, Ch. 186, L. 1977; R.C.M. 1947, 82A-706.1; amd. Sec. 1, Ch. 62, L. 1983; amd. Sec. 5, Ch. 512, L. 1991; amd. Sec. 7, Ch. 87, L. 1993; amd. Sec. 1, Ch. 75, L. 1995; amd. Sec. 1, Ch. 587, L. 1999; amd. Sec. 1, Ch. 270, L. 2023.