reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 42. Adoption › Chapter 7. Fees and Prohibited Activities Related to Adoption › Part 1. General Fees and Activities › 42-7-106. Action by department

42-7-106. Action by department.
The department may review and investigate compliance with this title and may maintain an action in court to compel compliance.
History: En. Sec. 150, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 8. Licensing of Child Placement Agency (Renumbered) › Part 1. Licensing (Renumbered) › 42-8-101. Renumbered 52-8-101

42-8-101. Renumbered 52-8-101.
Sec. 17(3)(e), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 8. Licensing of Child Placement Agency (Renumbered) › Part 1. Licensing (Renumbered) › 42-8-102. Renumbered 52-8-102

42-8-102. Renumbered 52-8-102.
Sec. 17(3)(e), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 8. Licensing of Child Placement Agency (Renumbered) › Part 1. Licensing (Renumbered) › 42-8-103. Renumbered 52-8-103

42-8-103. Renumbered 52-8-103.
Sec. 17(3)(e), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 8. Licensing of Child Placement Agency (Renumbered) › Part 1. Licensing (Renumbered) › 42-8-104. Renumbered 52-8-104

42-8-104. Renumbered 52-8-104.
Sec. 17(3)(e), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 8. Licensing of Child Placement Agency (Renumbered) › Part 1. Licensing (Renumbered) › 42-8-107. Renumbered 52-8-107

42-8-107. Renumbered 52-8-107.
Sec. 17(3)(e), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 8. Licensing of Child Placement Agency (Renumbered) › Part 1. Licensing (Renumbered) › 42-8-108. Renumbered 52-8-108

42-8-108. Renumbered 52-8-108.
Sec. 17(3)(e), Ch. 281, L. 2001.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-101. Short title

42-10-101. Short title.
Sections 42-10-101 through 42-10-109 may be cited as "The Subsidized Adoption Act of 1977".
History: En. 71-1806 by Sec. 1, Ch. 434, L. 1977; R.C.M. 1947, 71-1806; Sec. 53-4-301, MCA 1989; redes. 52-2-501 by Code Commissioner, 1991; Sec. 52-2-501, MCA 1995; redes. 42-10-101 by Sec. 174, Ch. 480, L. 1997; amd. Sec. 84, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-102. Purpose

42-10-102. Purpose.
The purpose of this part is to encourage and promote the adoption of children with special needs by providing information and assistance in completing the adoption process and financial assistance when necessary to ensure the health and welfare of the child with special needs.
History: En. 71-1807 by Sec. 2, Ch. 434, L. 1977; R.C.M. 1947, 71-1807; Sec. 53-4-302, MCA 1989; redes. 52-2-502 by Code Commissioner, 1991; Sec. 52-2-502, MCA 1995; redes. 42-10-102 by Sec. 174, Ch. 480, L. 1997; amd. Sec. 1, Ch. 21, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-103. Definitions

42-10-103. Definitions.
As used in this part, the following definitions apply:
(1) "Child with special needs" means a child who is a dependent of a public or voluntary licensed child placement agency and meets at least one of the following criteria as a child who is:
(a) diagnosed as having a physical, mental, or emotional disability;
(b) recognized to be at high risk of developing a physical, mental, or emotional disability;
(c) a member of a minority group;
(d) 6 years of age or older; or
(e) a member of a sibling group to be placed together for adoption.
(2) "Department" means the department of public health and human services provided for in 2-15-2201.
History: En. 71-1808 by Sec. 3, Ch. 434, L. 1977; R.C.M. 1947, 71-1808; amd. Sec. 11, Ch. 609, L. 1987; Sec. 53-4-303, MCA 1989; redes. 52-2-503 by Code Commissioner, 1991; amd. Sec. 344, Ch. 546, L. 1995; Sec. 52-2-503, MCA 1995; redes. 42-10-103 by Sec. 174, Ch. 480, L. 1997; amd. Sec. 2, Ch. 21, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-104. Power and duties of department

42-10-104. Power and duties of department.
(1) The department shall establish, administer, and regulate a continuing program of subsidized adoption.
(2) The department shall keep such records as are necessary to evaluate the program in terms of the number of children adopted under the program, the cost of the program, and any other pertinent information.
(3) The department may adopt rules necessary for the proper administration of this part.
History: En. 71-1809 by Sec. 4, Ch. 434, L. 1977; R.C.M. 1947, 71-1809; Sec. 53-4-304, MCA 1989; redes. 52-2-504 by Code Commissioner, 1991; Sec. 52-2-504, MCA 1995; redes. 42-10-104 by Sec. 174, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-105. Records to be confidential

42-10-105. Records to be confidential.
All records regarding subsidized adoption are confidential and may be disclosed only in accordance with the provisions of 42-6-101.
History: En. 71-1811 by Sec. 6, Ch. 434, L. 1977; R.C.M. 1947, 71-1811(5); Sec. 53-4-306, MCA 1989; redes. 52-2-505 by Code Commissioner, 1991; amd. Sec. 57, Ch. 18, L. 1995; amd. Sec. 170, Ch. 480, L. 1997; Sec. 52-2-505, MCA 1995; redes. 42-10-105 by Sec. 174, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-106. Certification as child with special needs

42-10-106. Certification as child with special needs.
(1) Whenever the conditions of 42-10-103 are found to exist and the foster parents seek to adopt the child, the child must be certified as a child with special needs.
(2) In all other cases in which the conditions of 42-10-103 are found to exist and after reasonable efforts have been made and without subsidy no appropriate adoptive family has been found for a child, the department shall certify the child as a child with special needs.
(3) If the child is the dependent of a licensed child-placing agency, that agency shall present to the department evidence of inability to place the child for adoption due to any of the conditions specified in 42-10-103. The agency shall present evidence that reasonable efforts have been made to place the child without subsidy. Upon such a showing, the department shall certify the child as a child with special needs.
History: En. 71-1810 by Sec. 5, Ch. 434, L. 1977; R.C.M. 1947, 71-1810(1) thru (3); Sec. 53-4-307, MCA 1989; redes. 52-2-506 by Code Commissioner, 1991; Sec. 52-2-506, MCA 1995; redes. 42-10-106 by Sec. 174, Ch. 480, L. 1997; amd. Sec. 3, Ch. 21, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-107. Eligibility for subsidy

42-10-107. Eligibility for subsidy.
Any family that applies for an adoption subsidy, is approved by the department or a licensed child placement agency as a suitable adoptive family, and adopts a child with special needs is eligible for subsidy regardless of the domicile or residence of the family at the time of application for adoption, placement, legal decree of adoption, or thereafter.
History: En. 71-1810 by Sec. 5, Ch. 434, L. 1977; R.C.M. 1947, 71-1810(4); Sec. 53-4-308, MCA 1989; redes. 52-2-507 by Code Commissioner, 1991; Sec. 52-2-507, MCA 1995; redes. 42-10-107 by Sec. 174, Ch. 480, L. 1997; amd. Sec. 4, Ch. 21, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-108. Subsidy agreement

42-10-108. Subsidy agreement.
(1) When parents are approved for adoption of a child certified as a child with special needs and before the final decree of adoption is issued, there must be a written agreement between the family and the department. The terms of the adoption subsidy agreement may commence with the adoption placement or at an appropriate time after the adoption decree.
(2) The subsidy agreement must continue in accordance with its terms until the child reaches majority or, in the case of a child with a mental or physical handicap, until 21 years of age. Termination or modification of the subsidy agreement may be requested by the adoptive parents or the department at any time.
History: En. 71-1811 by Sec. 6, Ch. 434, L. 1977; R.C.M. 1947, 71-1811(1), (3); Sec. 53-4-309, MCA 1989; redes. 52-2-508 by Code Commissioner, 1991; Sec. 52-2-508, MCA 1995; redes. 42-10-108 by Sec. 174, Ch. 480, L. 1997; amd. Sec. 5, Ch. 21, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-109. Amount, duration, and scope of subsidy

42-10-109. Amount, duration, and scope of subsidy.
The amount, duration, and scope of the subsidy may vary with the special needs of the child as well as the availability of other resources to meet these needs. The subsidy may be for services only or for the money payments, but in no case may the amount of the subsidy exceed:
(1) that which would be allowable for maintenance costs such as payments to cover the cost of food, clothing, shelter, daily supervision, school supplies, and a child's personal incidentals, not to exceed the foster care rate established by the department for a child under foster care; or
(2) in the case of a state medical subsidy, the reasonable fee for the services rendered, not to exceed the amount of $2,600 annually.
History: En. 71-1811 by Sec. 6, Ch. 434, L. 1977; R.C.M. 1947, 71-1811(2); Sec. 53-4-310, MCA 1989; redes. 52-2-509 by Code Commissioner, 1991; Sec. 52-2-509, MCA 1995; redes. 42-10-109 by Sec. 174, Ch. 480, L. 1997; amd. Sec. 6, Ch. 21, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-110. Repealed

42-10-110. Repealed.
Sec. 8, Ch. 21, L. 1999.
History: En. 71-1811 by Sec. 6, Ch. 434, L. 1977; R.C.M. 1947, 71-1811(4); Sec. 53-4-311, MCA 1989; redes. 52-2-510 by Code Commissioner, 1991; Sec. 52-2-510, MCA 1995; redes. 42-10-110 by Sec. 174, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-121. Definitions

42-10-121. Definitions.
As used in 42-10-121 through 42-10-128, the following definitions apply:
(1) "Adoption assistance agreement" means an agreement for adoption assistance between adoptive parents and the state child welfare agency of the state that undertakes to provide the adoption assistance, including a subsidy agreement as provided in 42-10-108.
(2) "Adoption assistance state" means the signatory state to an adoption assistance agreement in a particular case.
(3) "Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.
(4) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.
History: En. Sec. 2, Ch. 274, L. 1991; Sec. 52-2-521, MCA 1995; redes. 42-10-121 by Sec. 174, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-122. Authorization

42-10-122. Authorization.
The department of public health and human services is authorized to develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this state with other states for:
(1) the protection of children on behalf of whom adoption assistance is being provided; and
(2) the provision of procedures for interstate children's adoption assistance payments, including medical payments.
History: En. Sec. 1, Ch. 274, L. 1991; amd. Sec. 345, Ch. 546, L. 1995; Sec. 52-2-522, MCA 1995; redes. 42-10-122 by Sec. 174, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-123. Federal participation

42-10-123. Federal participation.
Consistent with federal law, the department of public health and human services, in connection with the administration of services provided and compacts entered into under authority of 42-10-121 through 42-10-128, shall apply for and administer all federal aid for adoption assistance and medical assistance costs in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272), Titles IV (e) and XIX of the Social Security Act, or any other applicable federal laws.
History: En. Sec. 3, Ch. 274, L. 1991; amd. Sec. 346, Ch. 546, L. 1995; amd. Sec. 230, Ch. 42, L. 1997; Sec. 52-2-523, MCA 1995; redes. 42-10-123 by Sec. 174, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-124. Effect of compacts

42-10-124. Effect of compacts.
A compact entered into under 42-10-121 through 42-10-128 has the force and effect of law.
History: En. Sec. 4, Ch. 274, L. 1991; Sec. 52-2-524, MCA 1995; redes. 42-10-124 by Sec. 174, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-125. Compacts -- required contents

42-10-125. Compacts -- required contents.
A compact under 42-10-121 through 42-10-128 must contain:
(1) a provision making it available for joinder by all states;
(2) a provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of 1 year between the date of the notice and the effective date of the withdrawal;
(3) a provision requiring that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;
(4) a provision requiring that each:
(a) instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state that undertakes to provide the adoption assistance; and
(b) agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance; and
(5) other provisions as may be appropriate to implement the proper administration of the compact.
History: En. Sec. 5, Ch. 274, L. 1991; Sec. 52-2-525, MCA 1995; redes. 42-10-125 by Sec. 174, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-126. Compacts -- optional contents

42-10-126. Compacts -- optional contents.
A compact under 42-10-121 through 42-10-128 may contain:
(1) provisions establishing procedures and entitlement to medical, developmental, or other social services for the adopted child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs of the services; and
(2) other provisions as may be appropriate or incidental to the proper administration of the compact.
History: En. Sec. 6, Ch. 274, L. 1991; Sec. 52-2-526, MCA 1995; redes. 42-10-126 by Sec. 174, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-127. Medical benefits -- rules

42-10-127. Medical benefits -- rules.
(1) The provisions of this section apply only when the compact entered by this state and the other state under 42-10-121 through 42-10-128 provides that the adoption assistance state, whether it be this state or the other state, shall continue medical assistance to children in accordance with the adoption assistance agreements made by the adoption assistance state after the children have changed their residence to this state or to the other state. All other children entitled to medical assistance in this state are eligible to receive it in accordance with the applicable laws and procedures.
(2) A child with special needs residing in this state who is the subject of an adoption assistance agreement with another state is entitled to receive medical assistance identification from this state upon the filing in the office of the department of public health and human services located in the county of the child's residence a copy of the adoption assistance agreement. Medical assistance identification gained pursuant to this section entitles the holder to processing and payment on claims of the holder in the same manner and pursuant to the same conditions and procedures as other recipients of medical assistance.
(3) The department of public health and human services shall provide coverage and benefits for a child who is in another state who is covered by an adoption assistance agreement entered into in this state for coverage or benefits, if any, provided for under the adoption assistance agreement made in this state but not provided by the residence state. The adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and must be reimbursed for the services. However, there may not be reimbursement for services or benefit amounts covered under any insurance or other third-party medical contract or arrangement held by the child or the adoptive parents. The department of public health and human services shall adopt rules implementing this subsection. The additional coverage and benefit amounts provided by this subsection are for services for which there is no federal contribution or for which, if federally aided, contributions are not provided by the residence state. Rules adopted pursuant to this subsection must include procedures to be followed for obtaining prior approval for services covered by this subsection when prior approval is required.
History: En. Sec. 7, Ch. 274, L. 1991; amd. Sec. 347, Ch. 546, L. 1995; Sec. 52-2-527, MCA 1995; redes. 42-10-127 by Sec. 174, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 10. Subsidized Adoptions › Part 1. Procedures › 42-10-128. Fraudulent obtaining of public assistance

42-10-128. Fraudulent obtaining of public assistance.
The provisions of 53-2-107 on fraudulently obtaining public assistance apply to coverage and benefits that may be obtained under 42-10-121 through 42-10-128.
History: En. Sec. 8, Ch. 274, L. 1991; Sec. 52-2-528, MCA 1995; redes. 42-10-128 by Sec. 174, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 1. General Provisions › 44-1-101. Creation of highway patrol

44-1-101. Creation of highway patrol.
There is hereby created a "Montana highway patrol" under the control and supervision of the department of justice.
History: En. Sec. 1, Ch. 199, L. 1943; R.C.M. 1947, 31-101; amd. Sec. 1, Ch. 503, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 1. General Provisions › 44-1-102. General duties of department of justice

44-1-102. General duties of department of justice.
The department of justice shall provide for clerical help, for the maintenance of the patrol, and for the employment and supervision of the patrol in conformity with the provisions of this chapter.
History: En. Sec. 3, Ch. 199, L. 1943; amd. Sec. 1, Ch. 55, L. 1945; amd. Sec. 1, Ch. 245, L. 1971; R.C.M. 1947, 31-103(part); amd. Sec. 1, Ch. 503, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 1. General Provisions › 44-1-103. Authority to make rules

44-1-103. Authority to make rules.
The department of justice may make, promulgate, and amend rules which prescribe procedures and practice requirements of the Montana highway patrol.
History: En. Sec. 3, Ch. 199, L. 1943; amd. Sec. 1, Ch. 55, L. 1945; amd. Sec. 1, Ch. 245, L. 1971; R.C.M. 1947, 31-103(part); amd. Sec. 1, Ch. 503, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 1. General Provisions › 44-1-104. Duty to furnish governor with transportation

44-1-104. Duty to furnish governor with transportation.
The department of justice shall furnish the governor with automobile transportation upon the governor's request, provided that the transportation must be limited to travel and transportation of the governor while on official business of the state.
History: En. Sec. 3, Ch. 199, L. 1943; amd. Sec. 1, Ch. 55, L. 1945; amd. Sec. 1, Ch. 245, L. 1971; R.C.M. 1947, 31-103(part); amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 1603, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 1. General Provisions › 44-1-105. Department of justice to furnish equipment

44-1-105. Department of justice to furnish equipment.
The department of justice shall furnish patrol officers with automobiles equipped and fitted with a distinctive siren and a particularly designated light for use at night. The department shall furnish all patrol officers with uniforms and equipment necessary for the performance of their respective duties, with the approval of the captain of their respective districts. Any such equipment and uniforms shall remain the property of the state of Montana.
History: En. Sec. 6, Ch. 199, L. 1943; amd. Sec. 1, Ch. 31, L. 1955; R.C.M. 1947, 31-106(part); amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 1, Ch. 217, L. 1989.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 1. General Provisions › 44-1-106. Authority of department of justice to dispose of equipment

44-1-106. Authority of department of justice to dispose of equipment.
The department of justice shall have authority to destroy, sell, or dispose of any and all obsolete equipment, uniforms, or parts of obsolete equipment or uniforms. Any money received from the sale of these items must be deposited into the state treasury in the fund and to the credit of the accounting entity from which it was originally purchased.
History: En. Sec. 6, Ch. 199, L. 1943; amd. Sec. 1, Ch. 31, L. 1955; R.C.M. 1947, 31-106(part); amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 1, Ch. 529, L. 1991.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 1. General Provisions › 44-1-110. Highway patrol administration state special revenue account

44-1-110. Highway patrol administration state special revenue account.
(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the highway patrol administration account.
(2) Funds directed to the account by 15-70-403(2)(b) and (3)(b) must be deposited in the account.
History: En. Sec. 5, Ch. 384, L. 2017; amd. Sec. 11, Ch. 416, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 1. General Provisions › 44-1-111. Montana highway patrol headquarters named after Kris Hansen

44-1-111. Montana highway patrol headquarters named after Kris Hansen.
(1) The headquarters of the Montana highway patrol is named after Kris Hansen, former chief deputy attorney general and state legislator.
(2) The department of justice shall implement renaming the headquarters.
History: En. Sec. 1, Ch. 337, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 2. Highway Patrol Chief › 44-1-201. Appointment and tenure

44-1-201. Appointment and tenure.
The attorney general shall select a highway patrol chief who must have the rank of colonel and shall hold office until the appointment has terminated for cause, as set forth in parts 7 through 9 of this chapter.
History: En. Sec. 4, Ch. 199, L. 1943; amd. Sec. 1, Ch. 102, L. 1957; amd. Sec. 1, Ch. 173, L. 1967; amd. Sec. 15, Ch. 439, L. 1975; amd. Sec. 3, Ch. 343, L. 1977; R.C.M. 1947, 31-104(part); amd. Sec. 1604, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 2. Highway Patrol Chief › 44-1-202. Qualifications

44-1-202. Qualifications.
The person named as chief shall have been a continuous resident of Montana for at least 5 years.
History: En. Sec. 4, Ch. 199, L. 1943; amd. Sec. 1, Ch. 102, L. 1957; amd. Sec. 1, Ch. 173, L. 1967; amd. Sec. 15, Ch. 439, L. 1975; amd. Sec. 3, Ch. 343, L. 1977; R.C.M. 1947, 31-104(part).
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 2. Highway Patrol Chief › 44-1-203. Salary and expenses

44-1-203. Salary and expenses.
The chief shall receive a salary fixed by the attorney general within the limits of the legislative appropriation for such purpose and travel expenses, as provided for in 2-18-501 through 2-18-503.
History: En. Sec. 4, Ch. 199, L. 1943; amd. Sec. 1, Ch. 102, L. 1957; amd. Sec. 1, Ch. 173, L. 1967; amd. Sec. 15, Ch. 439, L. 1975; amd. Sec. 3, Ch. 343, L. 1977; R.C.M. 1947, 31-104(part).
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 3. Powers and Duties of Chief Relating to Patrol Officers › 44-1-301. General supervisory powers

44-1-301. General supervisory powers.
The chief shall have direct control and supervision of all patrol officers, subject to the approval of the attorney general.
History: En. Sec. 4, Ch. 199, L. 1943; amd. Sec. 1, Ch. 102, L. 1957; amd. Sec. 1, Ch. 173, L. 1967; amd. Sec. 15, Ch. 439, L. 1975; amd. Sec. 3, Ch. 343, L. 1977; R.C.M. 1947, 31-104(part); amd. Sec. 1, Ch. 146, L. 1979; amd. Sec. 1, Ch. 217, L. 1989.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 3. Powers and Duties of Chief Relating to Patrol Officers › 44-1-302. Powers relating to supervisory personnel -- quotas prohibited

44-1-302. Powers relating to supervisory personnel -- quotas prohibited.
The duties and jurisdiction of the supervisory personnel must be outlined and defined by and under the control of the chief. Quotas for investigative stops, citations, or arrests may not be established and may not be used in evaluating highway patrol officers.
History: En. Sec. 5, Ch. 199, L. 1943; amd. Sec. 1, Ch. 187, L. 1951; amd. Sec. 1, Ch. 219, L. 1953; amd. Sec. 1, Ch. 268, L. 1955; amd. Sec. 1, Ch. 225, L. 1957; amd. Sec. 1, Ch. 109, L. 1959; amd. Sec. 1, Ch. 55, L. 1967; amd. Sec. 5, Ch. 188, L. 1975; amd. Sec. 1, Ch. 483, L. 1975; amd. Sec. 4, Ch. 343, L. 1977; R.C.M. 1947, 31-105(part); amd. Sec. 2, Ch. 146, L. 1979; amd. Sec. 4, Ch. 244, L. 2007.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 3. Powers and Duties of Chief Relating to Patrol Officers › 44-1-303. Duties

44-1-303. Duties.
The chief, with the approval of the attorney general and within the limits of any appropriation made available for the following purposes:
(1) shall designate the authority and responsibility in each rank, grade, and position;
(2) shall formulate standards, policies, and qualifications in the selection of recruit patrol officers;
(3) shall prescribe the official uniform of the Montana highway patrol;
(4) shall station employees in localities that the chief considers advisable for the enforcement of the traffic laws of this state;
(5) shall charge against each employee the value of property of the state lost or destroyed through the carelessness or neglect of the employee;
(6) shall discharge, demote, or temporarily suspend after hearing, as provided in parts 7 and 8 of this chapter, any patrol officer of the department;
(7) must have purchased or otherwise acquired by the purchasing department of the state motor vehicles and all other equipment and commodities that the chief considers essential to the efficient operation of the Montana highway patrol.
History: En. Sec. 4, Ch. 199, L. 1943; amd. Sec. 1, Ch. 102, L. 1957; amd. Sec. 1, Ch. 173, L. 1967; amd. Sec. 15, Ch. 439, L. 1975; amd. Sec. 3, Ch. 343, L. 1977; R.C.M. 1947, 31-104(part); amd. Sec. 3, Ch. 146, L. 1979; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 80, Ch. 2, L. 2009; amd. Sec. 1605, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 4. Appointment of Patrol Officers › 44-1-401. Qualifications of patrol officers

44-1-401. Qualifications of patrol officers.
Patrol officers shall possess the following qualifications:
(1) sound and active physical and mental condition;
(2) good moral character;
(3) residency in Montana;
(4) having passed a satisfactory test in the operation of automobiles; and
(5) citizenship in the United States.
History: En. Sec. 5, Ch. 199, L. 1943; amd. Sec. 1, Ch. 187, L. 1951; amd. Sec. 1, Ch. 219, L. 1953; amd. Sec. 1, Ch. 268, L. 1955; amd. Sec. 1, Ch. 225, L. 1957; amd. Sec. 1, Ch. 109, L. 1959; amd. Sec. 1, Ch. 55, L. 1967; amd. Sec. 5, Ch. 188, L. 1975; amd. Sec. 1, Ch. 483, L. 1975; amd. Sec. 4, Ch. 343, L. 1977; R.C.M. 1947, 31-105(3); amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 1, Ch. 414, L. 1991.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 4. Appointment of Patrol Officers › 44-1-402. Appointment of supervisory personnel

44-1-402. Appointment of supervisory personnel.
Supervisory personnel shall be selected from the patrol officers by the chief. The chief shall designate supervisory personnel, including but not limited to captains, lieutenants, sergeants, and patrol officers, in such numbers as necessary but within the limits of the legislative appropriation made available for such purposes.
History: En. Sec. 5, Ch. 199, L. 1943; amd. Sec. 1, Ch. 187, L. 1951; amd. Sec. 1, Ch. 219, L. 1953; amd. Sec. 1, Ch. 268, L. 1955; amd. Sec. 1, Ch. 225, L. 1957; amd. Sec. 1, Ch. 109, L. 1959; amd. Sec. 1, Ch. 55, L. 1967; amd. Sec. 5, Ch. 188, L. 1975; amd. Sec. 1, Ch. 483, L. 1975; amd. Sec. 4, Ch. 343, L. 1977; R.C.M. 1947, 31-105(part); amd. Sec. 4, Ch. 146, L. 1979; amd. Sec. 1, Ch. 217, L. 1989.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 4. Appointment of Patrol Officers › 44-1-403. Repealed

44-1-403. Repealed.
Sec. 2, Ch. 414, L. 1991.
History: En. Sec. 5, Ch. 199, L. 1943; amd. Sec. 1, Ch. 187, L. 1951; amd. Sec. 1, Ch. 219, L. 1953; amd. Sec. 1, Ch. 268, L. 1955; amd. Sec. 1, Ch. 225, L. 1957; amd. Sec. 1, Ch. 109, L. 1959; amd. Sec. 1, Ch. 55, L. 1967; amd. Sec. 5, Ch. 188, L. 1975; amd. Sec. 1, Ch. 483, L. 1975; amd. Sec. 4, Ch. 343, L. 1977; R.C.M. 1947, 31-105(1)(b); amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 102, Ch. 370, L. 1987.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 4. Appointment of Patrol Officers › 44-1-404. Status of replacements for patrol officers who enter the armed forces

44-1-404. Status of replacements for patrol officers who enter the armed forces.
Patrol officers filling vacancies caused by the incumbents' entrance into the armed forces of the United States shall, on the return of the incumbents, be placed in the patrol reserve without pay, except that they shall hold their probationary or permanent appointments while there are sufficient operating funds. Reserve patrol officers shall be used for future replacements in the permanent patrol.
History: En. Sec. 5, Ch. 199, L. 1943; amd. Sec. 1, Ch. 187, L. 1951; amd. Sec. 1, Ch. 219, L. 1953; amd. Sec. 1, Ch. 268, L. 1955; amd. Sec. 1, Ch. 225, L. 1957; amd. Sec. 1, Ch. 109, L. 1959; amd. Sec. 1, Ch. 55, L. 1967; amd. Sec. 5, Ch. 188, L. 1975; amd. Sec. 1, Ch. 483, L. 1975; amd. Sec. 4, Ch. 343, L. 1977; R.C.M. 1947, 31-105(1)(c); amd. Sec. 1, Ch. 7, L. 1979; amd. Sec. 1, Ch. 217, L. 1989.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 5. Salaries and Expenses › 44-1-501. Payment of expenses

44-1-501. Payment of expenses.
The highway patrol must be partially funded from the highway patrol administration account established in 44-1-110.
History: En. Sec. 1, Ch. 285, L. 1971; R.C.M. 1947, 31-105.1; amd. Sec. 2, Ch. 7, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 4, Ch. 20, Sp. L. June 1986; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 10, Ch. 384, L. 2017; amd. Sec. 1, Ch. 414, L. 2017.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 5. Salaries and Expenses › 44-1-502. Repealed

44-1-502. Repealed.
Sec. 2, Ch. 363, L. 1987.
History: En. 31-105.2 by Sec. 1, Ch. 221, L. 1977; R.C.M. 1947, 31-105.2.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 5. Salaries and Expenses › 44-1-503. Salary upon permanent appointment

44-1-503. Salary upon permanent appointment.
If a probationary patrol officer is appointed permanently, the officer must, at the time of appointment, receive the base salary of a patrol officer.
History: En. Sec. 5, Ch. 199, L. 1943; amd. Sec. 1, Ch. 187, L. 1951; amd. Sec. 1, Ch. 219, L. 1953; amd. Sec. 1, Ch. 268, L. 1955; amd. Sec. 1, Ch. 225, L. 1957; amd. Sec. 1, Ch. 109, L. 1959; amd. Sec. 1, Ch. 55, L. 1967; amd. Sec. 5, Ch. 188, L. 1975; amd. Sec. 1, Ch. 483, L. 1975; amd. Sec. 4, Ch. 343, L. 1977; R.C.M. 1947, 31-105(2); amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 1606, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 5. Salaries and Expenses › 44-1-504. Special revenue account to partially fund highway patrol officers' salaries

44-1-504. (Temporary) Special revenue account to partially fund highway patrol officers' salaries.
(1) There is an account in the state special revenue fund provided for in 17-2-102.
(2) The money in the account is for the department of justice to fund, pursuant to 2-18-303(5):
(a) the base salary and associated operating costs for highway patrol officer positions; and
(b) biennial salary increases for highway patrol officers.
(3) (a) By August 15, 2021, the state treasurer shall transfer $4 million from the account to the highway patrol officers' retirement pension trust fund.
(b) By August 15, 2022, the state treasurer shall transfer $2 million from the account to the highway patrol officers' retirement pension trust fund.
(4) Starting July 1, 2023, and in each fiscal year thereafter, the state treasurer shall transfer $500,000 from the account to the highway patrol officers' retirement pension trust fund by August 15. (Terminates on occurrence of contingency--sec. 3, Ch. 472, L. 2021.)
44-1-504. (Effective on occurrence of contingency) Special revenue account to partially fund highway patrol officers' salaries.
(1) There is an account in the state special revenue fund provided for in 17-2-102.
(2) The money in the account is for the department of justice to fund, pursuant to 2-18-303(5):
(a) the base salary and associated operating costs for highway patrol officer positions; and
(b) biennial salary increases for highway patrol officers.
History: En. Sec. 4, Ch. 421, L. 2005; amd. Sec. 46, Ch. 44, L. 2007; amd. Sec. 21, Ch. 81, L. 2007; amd. Sec. 9, Ch. 7, L. 2009; amd. Sec. 9, Ch. 426, L. 2009; amd. Sec. 15, Ch. 272, L. 2013; amd. Sec. 2, Ch. 414, L. 2017; amd. Sec. 1, Ch. 472, L. 2021.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 5. Salaries and Expenses › 44-1-511. Payment of salary benefit to officers injured in performance of duty

44-1-511. Payment of salary benefit to officers injured in performance of duty.
A member of the highway patrol who, in the performance of the member's duties, suffers an injury that necessitates medical or other remedial treatment and that renders the member unable to perform the member's duties must be paid the full amount of the member's regular salary as a salary benefit until one of the following occurs:
(1) the member ceases to be disabled;
(2) a period of 1 year elapses after the date of the injury;
(3) although disabled, the member is ordered returned to light duty by the chief of the highway patrol;
(4) although disabled, the member accepts a transfer position within the department of justice; or
(5) the member waives the benefit.
History: En Sec. 1, Ch. 317, L. 1979; amd. Sec. 3, Ch. 12, L. 2007.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 5. Salaries and Expenses › 44-1-512. Determination of eligibility for salary benefit

44-1-512. Determination of eligibility for salary benefit.
(1) The highway patrol chief shall determine whether an injury incurred by an officer was incurred in the performance of the officer's duties and whether an injury incurred resulted in a disability.
(2) In determining the nature and extent of an officer's injuries and the extent of any recovery, the chief shall seek and consider the medical opinion of a qualified physician who has examined the injured officer. The chief may seek a second medical opinion.
History: En Sec. 2, Ch. 317, L. 1979; amd. Sec. 1607, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 5. Salaries and Expenses › 44-1-513. Periodic medical examinations -- waiver of right to salary benefit

44-1-513. Periodic medical examinations -- waiver of right to salary benefit.
(1) The chief may appoint a physician to examine an injured officer from time to time. If, in the physician's opinion, the injured officer has sufficiently recovered to perform light duties or regular duties, the physician shall certify that fact.
(2) An injured officer who unreasonably refuses to accept medical treatment or hospital care or to permit a medical examination under 44-1-512(2) or subsection (1) of this section waives any salary benefit to which the officer might otherwise be entitled under 44-1-511.
History: En Sec. 3, Ch. 317, L. 1979; amd. Sec. 1608, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 5. Salaries and Expenses › 44-1-514. Discontinuation of salary benefit when retirement allowance granted

44-1-514. Discontinuation of salary benefit when retirement allowance granted.
Payment of a salary benefit under 44-1-511 shall be discontinued if the injured officer is disabled for an indefinite period and is granted a disability retirement allowance under Title 19, chapter 6. If an officer is indefinitely disabled and does not apply for a disability retirement allowance, application therefor may be made by the chief.
History: En Sec. 4, Ch. 317, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 5. Salaries and Expenses › 44-1-515. Assignment to light duty or another position within department of justice

44-1-515. Assignment to light duty or another position within department of justice.
(1) The chief, taking into consideration the medical opinions that the chief has received, may determine at any time that an injured officer is able to perform light duty consistent with the officer's status as a law enforcement officer and may order that the officer be assigned to the light duty. If the officer refuses to perform the light duty, payment of the salary benefit under 44-1-511 must be discontinued.
(2) The chief may order that the injured officer be transferred from the position covered under the highway patrol officers' retirement system to another position within the department of justice that is not covered under the highway patrol officers' retirement system. An officer may decline to accept a transfer under this subsection with no loss of salary benefit.
History: En Sec. 5, Ch. 317, L. 1979; amd. Sec. 73, Ch. 329, L. 2005.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 5. Salaries and Expenses › 44-1-516. Effect on probationary status

44-1-516. Effect on probationary status.
If the injured officer is on probationary status at the time the officer becomes injured, the balance of the officer's probationary time must be suspended until the officer returns to regular duty or is discharged for cause.
History: En Sec. 6, Ch. 317, L. 1979; amd. Sec. 1609, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 5. Salaries and Expenses › 44-1-517. Subrogation

44-1-517. Subrogation.
The state has a cause of action for reimbursement of sums it has paid to an officer as a salary benefit and for medical treatment and examinations against any third party against whom the officer has a cause of action for the injury which necessitated the payments by the state.
History: En Sec. 7, Ch. 317, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 5. Salaries and Expenses › 44-1-518. Contribution for retirement -- length of service credit -- transfer of retirement contributions

44-1-518. Contribution for retirement -- length of service credit -- transfer of retirement contributions.
(1) When an officer receives compensation under 44-1-511, the officer's contribution for retirement under 19-6-402 must be paid on the compensation received under 44-1-511 and the state's contribution for retirement under 19-6-404 must be paid on the compensation received under 44-1-511.
(2) The time for which contributions are paid under 44-1-511 must be credited to the length of service computed for retirement purposes under 19-2-701.
(3) When a disabled officer who qualifies for benefits under 44-1-511 accepts a transfer under 44-1-515 to a nonhighway patrol position within the department of justice that is covered under the Public Employees' Retirement System Act, all or any portion of the officer's length of service credited with the highway patrol officers' retirement system must be transferred to the public employees' retirement system according to 19-2-715.
History: En Sec. 8, Ch. 317, L. 1979; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 235, Ch. 265, L. 1993; amd. Sec. 74, Ch. 329, L. 2005.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 6. Probationary Status and Tenure › 44-1-601. Probationary training and service -- patrol officers

44-1-601. Probationary training and service -- patrol officers.
A new patrol officer shall be placed under probationary training and service for a period of 6 months to 1 year. If the chief fails to recommend a permanent appointment by the end of the probationary period, the probationary patrol officer will automatically be discharged.
History: En. Sec. 5, Ch. 199, L. 1943; amd. Sec. 1, Ch. 187, L. 1951; amd. Sec. 1, Ch. 219, L. 1953; amd. Sec. 1, Ch. 268, L. 1955; amd. Sec. 1, Ch. 225, L. 1957; amd. Sec. 1, Ch. 109, L. 1959; amd. Sec. 1, Ch. 55, L. 1967; amd. Sec. 5, Ch. 188, L. 1975; amd. Sec. 1, Ch. 483, L. 1975; amd. Sec. 4, Ch. 343, L. 1977; R.C.M. 1947, 31-105(4)(a); amd. Sec. 3, Ch. 7, L. 1979; amd. Sec. 5, Ch. 146, L. 1979; amd. Sec. 1, Ch. 217, L. 1989.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 6. Probationary Status and Tenure › 44-1-602. Probationary training and service -- supervisory personnel

44-1-602. Probationary training and service -- supervisory personnel.
All newly appointed supervisory personnel shall be placed under probationary training and service for a period of 6 months to 1 year. If the chief fails to recommend a permanent appointment by the end of the probationary period, the probationary supervisory personnel will automatically revert to their previous ranks without prejudice.
History: En. Sec. 5, Ch. 199, L. 1943; amd. Sec. 1, Ch. 187, L. 1951; amd. Sec. 1, Ch. 219, L. 1953; amd. Sec. 1, Ch. 268, L. 1955; amd. Sec. 1, Ch. 225, L. 1957; amd. Sec. 1, Ch. 109, L. 1959; amd. Sec. 1, Ch. 55, L. 1967; amd. Sec. 5, Ch. 188, L. 1975; amd. Sec. 1, Ch. 483, L. 1975; amd. Sec. 4, Ch. 343, L. 1977; R.C.M. 1947, 31-105(4)(b); amd. Sec. 4, Ch. 7, L. 1979; amd. Sec. 6, Ch. 146, L. 1979.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 6. Probationary Status and Tenure › 44-1-611. Tenure

44-1-611. Tenure.
Each person employed or appointed and designated as a chief, captain, lieutenant, sergeant, patrol officer, or any other rank under and pursuant to the provisions of this chapter, except as provided in 44-1-601 and 44-1-602, shall continue in service and hold the position without demotion until suspended, demoted, or discharged in the manner provided in parts 7 through 9 of this chapter for one or more of the causes specified in 44-1-612.
History: En. Sec. 5, Ch. 199, L. 1943; amd. Sec. 1, Ch. 187, L. 1951; amd. Sec. 1, Ch. 219, L. 1953; amd. Sec. 1, Ch. 268, L. 1955; amd. Sec. 1, Ch. 225, L. 1957; amd. Sec. 1, Ch. 109, L. 1959; amd. Sec. 1, Ch. 55, L. 1967; amd. Sec. 5, Ch. 188, L. 1975; amd. Sec. 1, Ch. 483, L. 1975; amd. Sec. 4, Ch. 343, L. 1977; R.C.M. 1947, 31-105(5); amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 1610, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 6. Probationary Status and Tenure › 44-1-612. Cause for suspension, demotion, or discharge

44-1-612. Cause for suspension, demotion, or discharge.
Cause for suspension, demotion, or discharge is:
(1) conviction of any crime involving moral turpitude in any court of competent jurisdiction subsequent to the commencement of such employment;
(2) gross neglect of duty or willful violation or disobedience of orders or regulations;
(3) loitering about or entering places of ill fame or ill repute or in which illegal gambling is known to be conducted or to be in progress, except in the immediate discharge of duty;
(4) conduct unbecoming an officer;
(5) drinking intoxicating liquor while using state-owned cars or in uniform or being intoxicated in a public place;
(6) sleeping while on duty;
(7) incapacity or partial incapacity materially affecting ability to perform official duties;
(8) gross inefficiency in performing duties; or
(9) willful disobedience of rules adopted by the department of justice governing the conduct and discipline of members of the patrol.
History: En. Sec. 5, Ch. 199, L. 1943; amd. Sec. 1, Ch. 187, L. 1951; amd. Sec. 1, Ch. 219, L. 1953; amd. Sec. 1, Ch. 268, L. 1955; amd. Sec. 1, Ch. 225, L. 1957; amd. Sec. 1, Ch. 109, L. 1959; amd. Sec. 1, Ch. 55, L. 1967; amd. Sec. 5, Ch. 188, L. 1975; amd. Sec. 1, Ch. 483, L. 1975; amd. Sec. 4, Ch. 343, L. 1977; R.C.M. 1947, 31-105(6); amd. Sec. 5, Ch. 7, L. 1979; amd. Sec. 1, Ch. 503, L. 1985.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 6. Probationary Status and Tenure › 44-1-613. Recognition of meritorious service on retirement

44-1-613. Recognition of meritorious service on retirement.
(1) The highway patrol chief shall award to a highway patrol officer, on retirement, that highway patrol officer's badge, duty weapon, and handcuffs, providing that a committee of three of the highway patrol officer's peers certifies to the highway patrol chief that the retiring highway patrol officer has:
(a) served meritoriously for a minimum of 20 years and must be so honored; or
(b) taken medical retirement resulting from an in-the-line-of-duty injury sustained while providing meritorious service.
(2) The highway patrol chief shall award to a surviving spouse or dependent of a highway patrol officer who died in the line of duty that highway patrol officer's badge, duty weapon, and handcuffs.
History: En. Sec. 1, Ch. 504, L. 2023.
2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 1. Highway Patrol › Part 7. Disciplinary Action -- Preliminary Procedure › 44-1-701. Authority of department of justice to suspend or demote

44-1-701. Authority of department of justice to suspend or demote.
When the department of justice has cause to believe that any member of the highway patrol has violated any of the grounds for suspension, demotion, or discharge, it may impose a suspension without pay for up to 10 days without filing charges and conducting a hearing under part 8.
History: En. Sec. 5, Ch. 199, L. 1943; amd. Sec. 1, Ch. 187, L. 1951; amd. Sec. 1, Ch. 219, L. 1953; amd. Sec. 1, Ch. 268, L. 1955; amd. Sec. 1, Ch. 225, L. 1957; amd. Sec. 1, Ch. 109, L. 1959; amd. Sec. 1, Ch. 55, L. 1967; amd. Sec. 5, Ch. 188, L. 1975; amd. Sec. 1, Ch. 483, L. 1975; amd. Sec. 4, Ch. 343, L. 1977; R.C.M. 1947, 31-105(8)(a); amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 2, Ch. 713, L. 1991.