Montana Code 18-11-110. Specific limitations on agreements
18-11-110. Specific limitations on agreements. Nothing in this chapter may be construed to authorize an agreement that:
Terms Used In Montana Code 18-11-110
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Public agency: means any political subdivision, including municipalities, counties, school districts, and any agency or department of the state of Montana. See Montana Code 18-11-102
- Tribal government: means the officially recognized government of any Indian tribe, nation, or other organized group or community located in Montana exercising self-government powers and recognized as eligible for services provided by the United States to Indians because of their status as Indians. See Montana Code 18-11-102
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)is not permitted by federal law. However, the parties are encouraged to deal with substantive matters and enforcement matters that can be mutually agreed upon, but no such agreement may be considered to affect the underlying jurisdictional authority of any party unless expressly authorized by congress.
(2)authorizes a public agency or tribal government, either separately or pursuant to agreement, to expand or diminish the jurisdiction presently exercised by the government of the United States to make criminal laws for or enforce criminal laws in Indian country; or
(3)authorizes a public agency or tribal government to enter into an agreement except as authorized by their own organizational documents or enabling laws.