(1) Except as provided in subsection (2), a state-owned vehicle may not be used by
a state agency employee to commute from the employee's residence to the employee's
(2)(a) The department director may authorize an exception to subsection (1) if the
commute from an employee's residence to the employee's worksite is less than 30 miles,
the employee is required to be on call for quick response to an emergency that threatens
life or property and on-call duty is a specifically identified duty in the employee's
position description, and employees in the position have frequently responded to emergency
calls in the past 6 months.
(b) Any exception authorized pursuant to subsection (2)(a) and the rationale for the
exception must be documented in a memorandum or letter signed by the employee's department
director and kept on file with the agency head. A copy of the letter or memorandum must be sent to the governor.
(c) This section does not apply:
(i) to the psychiatrist employed by the department of corrections and assigned to
the Montana state prison;
(ii) when the vehicle is, in effect, the employee's worksite; or
(iii) when 24-hour use of a state-owned vehicle is specifically authorized by law
for an elected or appointed state official and use of the vehicle is considered part
of the official's compensation package.
(3) Using a state-owned vehicle to commute between the employee's residence and a
worksite that is more than 30 miles from the employee's residence is not permitted
under any circumstance unless that use is authorized by the employee's department
director pursuant to rules adopted under 2-17-424, the rationale for the exception is documented in a memorandum or letter signed by
the employee's department director and kept on file with the agency head, and a copy
of the letter or memorandum is sent to the governor.
(4) As used in this section, “state agency” or “agency” means any office, board, commission, department, or other entity of the executive,
judicial, or legislative branch of state government, including the university system.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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