Mont. Code Ann. § 10-2-506 — MT Code / Title 10 / Chapter 2 / Part 5 / Section 10-2-506
10-2-506 Not to apply to nonresidents
Status: in_force

10-2-506 . Not to apply to nonresidents. This part shall not apply to veterans who, at the time of their death, shall not have a legal residence within this state.
Mont. Code Ann. § 10-2-501 — MT Code / Title 10 / Chapter 2 / Part 5 / Section 10-2-501
10-2-501 Interment allowance for veterans -- payment by county of residence -- veterans' interment supervisor -- definitions
Status: in_force

10-2-501 . Interment allowance for veterans -- payment by county of residence -- veterans' interment supervisor -- definitions. (1) The board of commissioners of each county in this state shall designate a person in the county, preferably a veteran, as veterans' interment supervisor.

(2) The veterans' interment supervisor shall cause to be decently interred the body or cremated remains of any veteran who was a resident of the state of Montana at the time of death. In performing this duty, the veterans' interment supervisor shall ensure that the desires of the veteran's personal representative or heirs are not violated. The veterans' interment supervisor may not receive any compensation for duties performed in compliance with this part.

(3) The interment may not be made in a burial ground or cemetery or in a portion of a burial ground or cemetery used exclusively for the interment of pauper dead.

(4) A sum not to exceed $500 to defer interment expenses must be paid by the veteran's county of residence.

(5) The interment benefits are not available in the case of a veteran whose personal representative or heirs waive the benefits.

(6) Whenever interment is of a resident of a Montana veterans' home, a sum not to exceed $500 to defer interment expenses must be paid by the veteran's county of residence.

(7) If a veteran dies while temporarily absent from the state or county of residence, the provisions of this section apply and the interment expenses not exceeding the amount specified in this section must be paid in the same manner as provided in this section.

(8) When a veteran dies at an institution of the state of Montana, other than a Montana veterans' home, at a federal institution, or at a private facility and interment for any cause is not made in the veteran's county of residence, the officers of the institution or facility shall provide the proper interment prescribed in this section. The reimbursement for the expense of each interment may not exceed $500. The expense must be paid by the veteran's county of residence.

(9) An interment may not be covered by any special or standing contract under which the cost of interment is reduced below the maximum amount fixed in this section, to the disparagement of proper interment.

(10) The veterans' interment supervisor shall, upon request of the deceased veteran's personal representative or heirs, assist in applying to the proper authority for a suitable headstone, as provided by act of congress, and in placing the headstone on the veteran's grave. The reimbursement costs for the shipping and raising of the headstone may not exceed an amount equal to the actual cost paid, up to $100, and must be paid by the veteran's county of residence at the time of death. The expense must be audited and paid as provided in this section for interment expenses.

(11) As used in this part, the following definitions apply:

(a) "Interment" has the meaning provided in 37-19-101 .

(b) "Residence" is determined as provided in 13-1-112 . If the intent of the veteran regarding residence cannot be determined under 13-1-112 , the costs of interment must be paid by the veteran's county of residence at the time of admittance into a Montana veterans' home, a state or federal institution, or a private facility.
Mont. Code Ann. § 10-1-615 — MT Code / Title 10 / Chapter 1 / Part 6 / Section 10-1-615
10-1-615 Misdemeanor violations
Status: in_force

10-1-615 . Misdemeanor violations. A person who violates 10-1-613 or 10-1-614 is guilty of a misdemeanor.
Mont. Code Ann. § 10-3-102 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-102
10-3-102 Limitations
Status: in_force

10-3-102 . Limitations. Parts 1 through 4 of this chapter may not be construed to give any state, local, or interjurisdictional agency or public official authority to:

(1) interfere with dissemination of news or comment on public affairs. However, any communications facility or organization, including but not limited to radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with an emergency or disaster.

(2) interfere with or otherwise limit, modify, or abridge a person's physical attendance at a religious service or operation of a religious organization;

(3) affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or any personnel of those entities when on active duty, but state, local, and interjurisdictional disaster and emergency plans must place reliance upon the forces available for performance of functions related to emergencies and disasters;

(4) limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in the governor under the constitution, statutes, or common law of this state independent of or in conjunction with any provisions of parts 1 through 4 of this chapter;

(5) prohibit, limit, or curtail:

(a) political activities, including voter registration drives, fundraising activities, political rallies and meetings, activities associated with political clubs and parties, campaign speeches, literature or sign distribution, and campaign efforts of a political party, a candidate for elected office, or a political committee or relating to a ballot initiative or referendum;

(b) rights of free speech or free assembly, including any rallies, gatherings and meetings, speeches, literature or sign distribution, and the display of signs. A person may be required to comply with neutral health, safety, or occupational requirements that are applicable to all organizations or businesses providing essential services.

(c) the production, operation, or distribution or any television, radio, cable television or service, internet service, newspapers, newsletters, e-mail service, literature, or blogs;

(d) the operation or functioning of the legislative branch, judicial branch, clerk of court, county commission, or city or town council; or

(e) a right of a person to file a complaint or seek relief from a court of competent jurisdiction;

(6) suspend an election law or prohibit, limit, or curtail a regularly scheduled election;

(7) prohibit, regulate, or curtail the otherwise lawful possession, carrying, sale, transportation, transfer, defensive use, or other lawful use of:

(a) a firearm, including a component or accessory;

(b) ammunition, including any component or accessory;

(c) ammunition-reloading equipment and supplies; or

(d) a personal weapon other than a firearm;

(8) seize, commandeer, or confiscate in any manner:

(a) a firearm, including any component or accessory;

(b) ammunition, including a component or accessory;

(c) ammunition-reloading equipment and supplies; or

(d) a personal weapon other than a firearm;

(9) suspend or revoke a permit to carry a concealed pistol issued pursuant to Title 45, chapter 8, except as expressly authorized in that chapter;

(10) refuse to accept an application for a permit to carry a concealed weapon, provided the application has been properly completed in accordance with Title 45, chapter 8;

(11) close or limit the operating hours of an entity engaged in the lawful selling or servicing of a firearm, including:

(a) a component or accessory;

(b) ammunition, including a component or accessory;

(c) ammunition-reloading equipment and supplies; or

(d) a personal weapon other than a firearm, unless the closing or limitation of hours applies equally to all forms of commerce within the jurisdiction;

(12) close or limit the operating hours of any indoor or outdoor shooting range;

(13) place restrictions or quantity limitations on an entity regarding the lawful sale or servicing of:

(a) a firearm, including a component or accessory;

(b) ammunition, including a component or accessory;

(c) ammunition-reloading equipment and supplies; or

(d) a personal weapon other than a firearm;

(14) limit, modify, or abridge the authority of the judicial branch or the legislature to exercise any powers vested in the judicial branch or the legislature under the constitution, statutes, or common law of this state independent of or in conjunction with any provisions of parts 1 through 4 of this chapter; or

(15) except in areas evacuated or subject to control of ingress pursuant to 10-3-104 , and for no more than 60 days without legislative approval, interfere with the collection of rent or with actions for termination and possession pursuant to Title 70, chapter 24, part 4, chapter 27, or chapter 33.
Mont. Code Ann. § 10-1-101 — MT Code / Title 10 / Chapter 1 / Part 1 / Section 10-1-101
10-1-101 Definitions
Status: in_force

10-1-101 . Definitions. Unless the context requires otherwise, in this title, the following definitions apply:

(1) "Department" means the department of military affairs.

(2) "Militia" means all the military forces of this state, whether organized or active or inactive.

(3) "National guard" means the army national guard and the air national guard.

(4) "Officer" means a commissioned or warrant officer.

(5) "Youth challenge program" means the Montana national guard youth challenge program established pursuant to 10-1-1401 .
Mont. Code Ann. § 10-3-604 — MT Code / Title 10 / Chapter 3 / Part 6 / Section 10-3-604
10-3-604 Filling vacancy in city or town governing bodies
Status: in_force

10-3-604 . Filling vacancy in city or town governing bodies. In the event that no members of a city or town council or commission are available following an enemy attack then the board of county commissioners of the county in which such city or town is located shall appoint successors to act in place of the unavailable members.
Mont. Code Ann. § 10-1-1307 — MT Code / Title 10 / Chapter 1 / Part 13 / Section 10-1-1307
10-1-1307 Rules
Status: in_force

10-1-1307 . Rules. The department shall adopt rules pursuant to 10-1-105 to implement and administer the provisions of this part. The rules must ensure that all similarly situated members and family members are treated equitably and must include but are not limited to provisions regarding:

(1) applications;

(2) timelines;

(3) eligibility, including proof of eligibility of members and family members;

(4) the procedure for establishing the priority of grant awards if the amount of money available in the account is insufficient to support an award of grants to the maximum authority allowed under 10-1-1305 ;

(5) the appeal process for grant applications that are denied; and

(6) disbursement of grant money to members and family members.
Mont. Code Ann. § 10-1-107 — MT Code / Title 10 / Chapter 1 / Part 1 / Section 10-1-107
10-1-107 Property remains public property
Status: in_force

10-1-107 . Property remains public property. All property issued to organizations and members of the organized militia remains public property.
Mont. Code Ann. § 10-3-111 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-111
10-3-111 Personnel immune from liability
Status: in_force

10-3-111 . Personnel immune from liability. (1) The state, a political subdivision of the state, or the agents or representatives of the state or a political subdivision of the state are not liable for personal injury or property damage sustained by a person appointed or acting as a volunteer civilian defense or other response and recovery activity worker, a volunteer professional, or a member of an agency engaged in civilian defense or other response and recovery activity during an incident, disaster, or emergency. This section does not affect the right of a person to receive benefits or compensation to which the person might otherwise be entitled under the workers' compensation law or a pension law or an act of congress.

(2) The following individuals or entities are not liable for the death or injury of individuals or for damage to property as a result of an act or omission specifically arising out of activities undertaken in response to an incident, disaster, or emergency and while complying with or reasonably attempting to comply with parts 1 through 4 and 12 of this chapter or an order or rule promulgated under the provisions of parts 1 through 4 and 12 of this chapter:

(a) the state or a political subdivision of the state;

(b) except in cases of willful misconduct, gross negligence, or bad faith:

(i) the employees, agents, or representatives of the state or a political subdivision of the state; or

(ii) a volunteer or auxiliary civilian defense or other response and recovery activity worker, a member of an agency engaged in civilian defense or other response and recovery activity, a volunteer professional, or the owners of facilities used for civil defense or other response and recovery shelters pursuant to a fallout shelter license or privilege agreement or pursuant to an ordinance relating to blackout or other precautionary measures enacted by a political subdivision of the state.
Mont. Code Ann. § 10-1-303 — MT Code / Title 10 / Chapter 1 / Part 3 / Section 10-1-303
10-1-303 Extension of terms of service
Status: in_force

10-1-303 . Extension of terms of service. If an emergency is declared by the president, congress, the governor, or the legislature, the governor may by proclamation, in accordance with federal and state law and regulation, extend the enlistment of an enlisted member of the organized militia until 6 months after the termination of that emergency.
Mont. Code Ann. § 10-1-901 — MT Code / Title 10 / Chapter 1 / Part 9 / Section 10-1-901
10-1-901 Short title
Status: in_force

10-1-901 . Short title. This part may be cited as the "Montana National Guard Civil Relief Act".
Mont. Code Ann. § 10-3-1302 — MT Code / Title 10 / Chapter 3 / Part 13 / Section 10-3-1302
10-3-1302 Purpose
Status: in_force

10-3-1302 . Purpose. The purpose of this part is to enhance the safety of Montana's citizens by requiring a special permit, inspections, and monitoring of shipments of high-level radioactive waste and transuranic waste that travel through Montana by motor carrier or railroad.
Mont. Code Ann. § 10-3-503 — MT Code / Title 10 / Chapter 3 / Part 5 / Section 10-3-503
10-3-503 Governor's powers and duties
Status: in_force

10-3-503 . Governor's powers and duties. (1) The governor has general direction and control of the emergency resources management within this state and all officers, boards, agencies, individuals, or groups established under the emergency resources management plan.

(2) In performing duties under this part, the governor may cooperate with the federal government, with other states, and with private agencies in all matters pertaining to the emergency management of resources.

(3) In performing duties under this part and to effect its policies and purpose, the governor may make, amend, and rescind the necessary orders and rules to carry out this part within the limits of authority conferred upon the governor, with due consideration of the emergency resources management plans of the federal government.
Mont. Code Ann. § 10-3-608 — MT Code / Title 10 / Chapter 3 / Part 6 / Section 10-3-608
10-3-608 Relocating seat of local government
Status: in_force

10-3-608 . Relocating seat of local government. Following an enemy attack in which the seat of local government of any political subdivision of the state shall have been rendered unsuitable for use in that capacity, in the opinion of the governing body of that political subdivision, such seat of government may be moved by said governing body to such other location as it deems most suitable.
Mont. Code Ann. § 10-1-1201 — MT Code / Title 10 / Chapter 1 / Part 12 / Section 10-1-1201
10-1-1201 Death while on state duty -- death benefit payment -- certification -- rules
Status: in_force

10-1-1201 . Death while on state duty -- death benefit payment -- certification -- rules. (1) The department of administration shall, upon certification by the department as provided in subsection (2), make a death benefit payment by state warrant in the amount of $50,000 to the beneficiary, as provided in subsection (3), of a member of the national guard who dies in the line of duty performed pursuant to state military duty orders.

(2) Upon the death of the member, the department shall certify to the department of administration:

(a) the name and other identifying information of the member;

(b) that the member died in the line of duty performed pursuant to Article VI, section 13, of the Montana constitution or while on state duty for special work as provided in 10-1-505 (2);

(c) that, at the time of the death of the member, the member was being paid or was to be paid for the member's military service from state and not federal military funds; and

(d) the name and address of the beneficiary, as provided in subsection (3), to whom payment must be made.

(3) The department of administration shall pay the death benefit to the member's surviving spouse. If there is no surviving spouse, the department of administration shall pay the death benefit to the member's surviving children in equal shares. If there are no surviving children, the department of administration shall pay the death benefit to the member's survivors pursuant to Title 72 as if the member had died intestate.

(4) The department and the department of administration may adopt rules to implement this section.
Mont. Code Ann. § 10-1-1310 — MT Code / Title 10 / Chapter 1 / Part 13 / Section 10-1-1310
10-1-1310 Contributions to fund
Status: in_force

10-1-1310 . Contributions to fund. The department may accept monetary contributions, gifts, or grants to the fund. Upon receipt, monetary contributions, gifts, and grants must be deposited into the account.
Mont. Code Ann. § 10-2-504 — MT Code / Title 10 / Chapter 2 / Part 5 / Section 10-2-504
10-2-504 Duty of clerk
Status: in_force

10-2-504 . Duty of clerk. It is the duty of the clerk of the board of county commissioners, upon receiving the report and statement of expenses, to transcribe in a book to be kept for that purpose all the facts contained in the report concerning the veteran.
Mont. Code Ann. § 10-1-1027 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1027
10-1-1027 Rulemaking authority
Status: in_force

10-1-1027 . Rulemaking authority. The department and the department of justice may adopt rules to implement the provisions of this part.
Mont. Code Ann. § 10-3-124 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-124
10-3-124 Protections against government discrimination
Status: in_force

10-3-124 . Protections against government discrimination. An agency or a political subdivision of the state may not take discriminatory action against a religious organization wholly or partially on the basis that the organization is religious, operates or seeks to operate during an emergency or disaster, or engages in the exercise of religion as protected under the first amendment to the United States constitution. Discriminatory action means to:

(1) alter in any way the tax treatment of a religious organization or cause any tax, fine, civil or criminal penalty, payment, damages award, or injunction to be assessed against a religious organization;

(2) deny, delay, revoke, or otherwise make unavailable an exemption from taxation for a religious organization; or

(3) withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any grant, contract, scholarship, license, accreditation, certification, entitlement, or other benefit under any government program.
Mont. Code Ann. § 10-3-911 — MT Code / Title 10 / Chapter 3 / Part 9 / Section 10-3-911
10-3-911 Intrastate mutual aid system -- workers' compensation coverage
Status: in_force

10-3-911 . Intrastate mutual aid system -- workers' compensation coverage. (1) If a person is an employee of a member jurisdiction that responds to a request for assistance from a member jurisdiction and the person sustains injury in the course of providing the requested assistance, the person is entitled to all applicable benefits, including workers' compensation benefits, normally available to the person as an employee of the member jurisdiction that employs the person.

(2) If the person's injury results in the person's death, the person's estate must receive any additional state and federal benefits that may be available for death in the line of duty.
Mont. Code Ann. § 10-2-112 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-112
10-2-112 Veterans' services special revenue account -- sources of funds -- designated uses
Status: in_force

10-2-112 . Veterans' services special revenue account -- sources of funds -- designated uses. (1) There is a veterans' services account in the state special revenue fund, established pursuant to 17-2-102 (1)(b), to the credit of the board.

(2) Money transferred pursuant to 15-1-122 (2)(d) from license plate sales as described in 10-2-114 and from gifts, grants, or donations must be deposited in the veterans' services account.

(3) Legislative appropriations of money in the veterans' services account must be used for the purposes identified in 10-2-102 or other functions authorized by the board.

(4) There is a veterans' services federal account in the federal special revenue fund established for federal funds received under 10-2-106 .
Mont. Code Ann. § 10-3-907 — MT Code / Title 10 / Chapter 3 / Part 9 / Section 10-3-907
10-3-907 Intrastate mutual aid system -- request for assistance
Status: in_force

10-3-907 . Intrastate mutual aid system -- request for assistance. (1) A member jurisdiction may request assistance from another member jurisdiction:

(a) to prevent, mitigate, respond to, or recover from an emergency or disaster; or

(b) in concert with drills or exercises between member jurisdictions.

(2) A request for assistance must be made by or through the presiding officer of the governing body of the member jurisdiction or the chief executive officer or the chief executive officer's designee of a member jurisdiction. A request may be verbal or in writing and is not required to go directly to the division, as defined in 10-3-103 . If a request is verbal, the request must be confirmed in writing within 30 days of the date on which the request was made.
Mont. Code Ann. § 10-3-301 — MT Code / Title 10 / Chapter 3 / Part 3 / Section 10-3-301
10-3-301 State disaster and emergency plan
Status: in_force

10-3-301 . State disaster and emergency plan. (1) The state disaster and emergency plan and program may provide for:

(a) prevention and minimization of injury and damage caused by disaster;

(b) prompt and efficient response to an incident, emergency, or disaster;

(c) emergency relief;

(d) identification of areas particularly vulnerable to disasters;

(e) recommendations for preventive and preparedness measures designed to eliminate or reduce disasters or their impact;

(f) organization of personnel and chains of command;

(g) coordination of federal, state, and local disaster and emergency activities; and

(h) other necessary matters.

(2) The state disaster and emergency plan and program may not:

(a) compel a private business to deny a customer of the private business access to the premises or access to goods or services; or

(b) deny a customer of a private business the ability to access goods or services provided by the private business.

(3) The prohibition provided for in subsection (2)(b) does not apply to persons confirmed to have a communicable disease and who are currently under a public quarantine order.

(4) In preparing and maintaining the state disaster and emergency plan and program, the division shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations, and community leaders. In advising local and interjurisdictional agencies, the division may encourage them to seek advice from these sources.

(5) As used in this section, "private business" means an individual or entity that is not principally a part of or associated with a government unit. The term includes but is not limited to a nonprofit or for-profit entity, a corporation, a sole proprietorship, or a limited liability company.
Mont. Code Ann. § 10-3-316 — MT Code / Title 10 / Chapter 3 / Part 3 / Section 10-3-316
10-3-316 Hazard mitigation assistance grants -- acceptance -- statutory appropriation
Status: in_force

10-3-316 . Hazard mitigation assistance grants -- acceptance -- statutory appropriation. (1) The division may accept hazard mitigation assistance grants whenever the federal government or an agency or officer of the federal government offers funding in the form of grants to the state. Hazard mitigation assistance grants provide funding for eligible mitigation activities that reduce disaster losses and protect life and property from future disaster damages.

(2) All funds received as allowed in subsection (1) are statutorily appropriated, as provided in 17-7-502 , to the division for the purposes described in subsection (1).
Mont. Code Ann. § 10-3-802 — MT Code / Title 10 / Chapter 3 / Part 8 / Section 10-3-802
10-3-802 Grants -- civil air patrol -- reporting requirements
Status: in_force

10-3-802 . (Temporary) Grants -- civil air patrol -- reporting requirements. (1) The department of military affairs shall distribute grants to the Montana civil air patrol on an annual basis.

(2) The amount of $45,000 is statutorily appropriated on an annual basis, as provided in 17-7-502 , from the general fund to the department of military affairs for the purposes outlined in subsection (1).

(3) The department of military affairs shall report to the house appropriations committee at each legislative session and to the state administration and veterans' affairs interim committee in accordance with 5-11-210 on the distribution of grants and the following metrics:

(a) the extent to which counties are informed of the services provided by the civil air patrol;

(b) the extent to which the civil air patrol is used by counties for search and rescue operations; and

(c) the amount of savings realized by counties who have used the civil air patrol for search and rescue operations. (Terminates June 30, 2031--sec. 2, Ch. 374, L. 2023.)
Mont. Code Ann. § 10-4-201 — MT Code / Title 10 / Chapter 4 / Part 2 / Section 10-4-201
10-4-201 Fees imposed for 9-1-1 services
Status: in_force

10-4-201 . Fees imposed for 9-1-1 services. (1) Except as provided in 10-4-202 [and for the purpose of 10-4-304 (5)]:

(a) for 9-1-1 services, which do not include prepaid wireless services, a fee of $1 a month for each access line on each subscriber in the state is imposed; and

(b) for prepaid wireless 9-1-1 services, a fee of $1 for each transaction in the state is imposed on charges for prepaid wireless services.

(2) The subscriber paying for an access line or prepaid wireless service is liable for the fees imposed by this section.

(3) (a) Except as provided in subsection (3)(b), the provider shall collect the fees. The amount of the fees collected by the provider is considered payment by the subscriber for that amount of fees.

(b) For the purposes of collecting the fee imposed in subsection (1)(b), the seller shall collect the fee in accordance with this chapter. The amount of the fees collected by the seller is considered payment by the subscriber for that amount of fees.

(4) Any return made by the provider or seller collecting the fees is prima facie evidence of payments by the subscribers of the amount of fees indicated on the return. (Bracketed language in subsection (1) terminates July 1, 2031--sec. 8, Ch. 200, L. 2021.)
Mont. Code Ann. § 10-3-1001 — MT Code / Title 10 / Chapter 3 / Part 10 / Section 10-3-1001
10-3-1001 Enactment -- provisions
Status: in_force

10-3-1001 . Enactment -- provisions. The Emergency Management Assistance Compact is enacted into law and entered into with all other jurisdictions joining in the compact in the form substantially as follows:

Article I - Definitions, Purposes, and Authorities

(1) As used in this compact, the following definitions apply:

(a) "Party states" means the states that enact this compact.

(b) "States" means the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.

(2) This compact is made and entered into by and between the participating party states that enact this compact.

(3) The purpose of this compact is to provide for mutual assistance between the party states in managing any emergency or disaster that is declared by the governor of an affected state, whether arising from natural disaster, technological hazard, human-caused disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.

(4) This compact also provides for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, those actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' national guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between party states.

Article II - General Implementation

(1) Each party state recognizes that many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each party state further recognizes that there will be emergencies that require immediate access and present procedures to apply outside resources to make a prompt and effective response to an emergency. This is because few, if any, individual states have all the resources that they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

(2) The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state is the underlying principle on which all articles of this compact must be understood.

(3) On behalf of the governor of each party state, the legally designated state official who is assigned responsibility for emergency management is responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.

Article III - Party State Responsibilities

(1) It is the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating those plans and in carrying them out, the party states, insofar as practical, shall:

(a) review individual party state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies that the party states might jointly suffer, whether because of natural disaster, technological hazard, human-caused disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack;

(b) review party states' individual emergency plans and develop a plan that will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency;

(c) develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;

(d) assist in warning communities adjacent to or crossing the state boundaries;

(e) protect and ensure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material;

(f) inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and

(g) provide, to the extent authorized by law, for temporary suspension of any statutes.

(2) The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement apply only to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If a request is verbal, the request must be confirmed in writing within 30 days of the verbal request. Requests must provide the following information:

(a) a description of the emergency service function for which assistance is needed, such as fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue;

(b) the amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time that will be needed; and

(c) the specific place and time for staging of the assisting party state's response and a point of contact at that location.

(3) There must be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States government, with free exchange of information, plans, and resource records relating to emergency capabilities.

Article IV - Limitations

A party state requested to render mutual aid or to conduct exercises and training for mutual aid shall take action necessary to provide and make available the resources covered by this compact in accordance with the terms of this compact. However, it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for that state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers, except the power of arrest unless specifically authorized by the receiving state, duties, rights, and privileges as are afforded forces of the party state in which they are performing emergency services. Emergency forces shall continue under the command and control of their regular leaders, but the organizational units shall come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or subsequent to commencement of exercises or training for mutual aid and must continue so long as the exercises or training for mutual aid is in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state, whichever is longer.

Article V - Licenses and Permits

If a person holding a license, certificate, or other permit issued by a party state evidencing the meeting of qualifications for professional, mechanical, or other skills is requested for assistance by the receiving party state, that person is considered licensed, certified, or permitted by the party state requesting assistance to render aid involving that skill to meet a declared emergency or disaster. However, the person holding the license, certificate, or permit is subject to limitations and conditions that the governor of the requesting party state may prescribe by executive order or other means.

Article VI - Liability

Officers or employees of a party state rendering aid in another party state pursuant to this compact are considered agents of the requesting state for tort liability and immunity purposes. A party state or its officers or employees rendering aid in another party state pursuant to this compact are not liable on account of an act taken or omission made in good faith on the part of the forces giving that aid or on account of the maintenance or use of any equipment or supplies in connection with giving that aid. Good faith, as used in this article, does not include willful misconduct, gross negligence, or recklessness.

Article VII - Supplementary Agreements

Because it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party to this compact, this compact contains elements of a broad base common to all states. This compact does not prevent a party state from making supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may include provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

Article VIII - Compensation

Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of those forces in case those members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

Article IX - Reimbursement

A party state rendering aid in another party state pursuant to this compact must be reimbursed by the party state receiving that aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with a request. However, an aiding party state may assume in whole or in part a loss, damage, expense, or other cost or may loan equipment or donate services to the receiving party state without charge or cost. Two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses are not reimbursable under this provision.

Article X - Evacuation

(1) Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to require those plans, must be worked out and maintained between the party states and the emergency management or emergency services directors of the various jurisdictions where any type of incident requiring evacuations might occur. The plans must be put into effect by request of the party state from which evacuees come and must include:

(a) the manner of transporting those evacuees;

(b) the number of evacuees to be received in different areas;

(c) the manner in which food, clothing, housing, and medical care will be provided;

(d) the registration of the evacuees;

(e) the providing of facilities for the notification of relatives or friends of evacuees;

(f) the forwarding of evacuees to other areas or the bringing in of additional materials or supplies; and

(g) all other relevant factors.

(2) The plans referred to in subsection (1) must provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for evacuees, for expenditures for transportation, food, clothing, medicines, and medical care, and for similar items. The expenditures must be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of the evacuees.

Article XI - Implementation

(1) This compact becomes operative immediately upon its enactment into law by any two states. After it becomes operative, this compact is effective in any other state upon its enactment by that other state.

(2) A party state may withdraw from this compact by enacting a statute repealing the compact, but withdrawal does not take effect until 30 days after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. Withdrawal does not relieve the withdrawing state from obligations assumed under this compact prior to the effective date of withdrawal.

(3) Authenticated copies of this compact and any supplementary agreements as may be entered into must, at the time of their approval, be deposited with each of the party states and with the federal emergency management agency and other appropriate agencies of the United States government.

Article XII - Validity

This compact must be construed to effectuate the purposes stated in Article I. If any provision of this compact is declared unconstitutional or if the applicability of a provision to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability of this compact to other persons and circumstances are not affected.

Article XIII - Additional Provisions

This compact does not authorize or permit the use of military force by the national guard of a party state at any place outside that state in any emergency for which the president is authorized by law to call into federal service the militia or for any purpose for which the use of the army or the air force would in the absence of express statutory authorization be prohibited under 18 U.S.C. 1385.
Mont. Code Ann. § 10-3-125 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-125
10-3-125 Claims or defense against state action -- remedies -- limitations
Status: in_force

10-3-125 . Claims or defense against state action -- remedies -- limitations. (1) A person or entity may assert a violation of 10-3-101 or 10-3-102 as a claim against a state, local, or interjurisdictional agency or public official in any judicial or administrative proceeding or as a defense in any judicial proceeding.

(2) In any civil action based on this section, the court may grant:

(a) declaratory relief;

(b) injunctive relief;

(c) compensatory damages for pecuniary and nonpecuniary losses;

(d) reasonable attorney fees and costs; and

(e) any other appropriate relief.

(3) A person or entity may not bring an action to assert a claim under this section later than 2 years after the date that the person or entity knew or could have known that a violation occurred.
Mont. Code Ann. § 10-4-309 — MT Code / Title 10 / Chapter 4 / Part 3 / Section 10-4-309
10-4-309 Terminated
Status: in_force

10-4-309 . Terminated. Secs. 14, 18, Ch. 172, L. 2019.
Mont. Code Ann. § 10-1-1005 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1005
10-1-1005 Prohibition against employment discrimination
Status: in_force

10-1-1005 . Prohibition against employment discrimination. An employer may not deny employment, reemployment, reinstatement, retention, promotion, or any benefit of employment or obstruct, injure, discriminate against, or threaten negative consequences against a person with regard to employment because of the person's membership, application for membership, or potential application for membership in the national guard of Montana or any other state or because the person may exercise or has exercised a right or may claim or has claimed a benefit under this part.
Mont. Code Ann. § 10-2-503 — MT Code / Title 10 / Chapter 2 / Part 5 / Section 10-2-503
10-2-503 Report of actions and expenses by veterans' interment supervisor
Status: in_force

10-2-503 . Report of actions and expenses by veterans' interment supervisor. It is the duty of the person appointed as provided in 10-2-501 to cause the veteran to be interred as provided in this part, and the veterans' interment supervisor shall immediately report the action to the clerk of the board of county commissioners, setting forth all the facts, together with the veteran's name and rank, the last command to which the veteran belonged, so far as is known, the date of death, the exact place of interment, and an itemized statement of the expenses incurred by reason of the interment. The board of county commissioners may direct that additional information be kept in the book required to be kept by the clerk of the board of county commissioners by 10-2-504 .
Mont. Code Ann. § 10-1-201 — MT Code / Title 10 / Chapter 1 / Part 2 / Section 10-1-201
10-1-201 Officers
Status: in_force

10-1-201 . Officers. (1) The governor shall appoint all officers of the militia.

(2) Officers must be citizens of the United States.

(3) Before a person can be appointed an officer by the governor, the person must be examined and adjudged qualified to be an officer by an examining board. The composition, appointment, and examination procedure of the board and the nature and scope of examinations must be prescribed by federal law or regulation or state regulations.

(4) Each officer shall hold office under the appointment until the officer is regularly appointed to another grade or office or until the officer is regularly retired, discharged, dismissed, or placed in the reserve.
Mont. Code Ann. § 10-1-1402 — MT Code / Title 10 / Chapter 1 / Part 14 / Section 10-1-1402
10-1-1402 Legislative intent
Status: in_force

10-1-1402 . Legislative intent. It is the intent of the legislature that:

(1) the youth challenge program assist youth between 16 and 18 years of age to achieve a quality education and develop the skills and abilities necessary to become productive citizens;

(2) the youth challenge program focus on the physical, emotional, and educational needs of youth within a voluntary, highly structured environment;

(3) eligible participants be drug-free, not be on conditional release or probation for other than juvenile-status offenses, not have been indicted for or charged with an offense other than a juvenile-status offense, and not have been convicted of a felony or capital offense;

(4) recruiting for the youth challenge program treat all eligible youth equitably and seek representation from different genders, ethnic groups, and geographic locations;

(5) the youth challenge program conduct structured training consisting of a residential phase and a postresidential phase with curriculum that focuses on academic excellence, including the successful completion of the tests for a high school equivalency diploma, on the opportunity to pursue a high school diploma from the student's resident district based on the student's proficiency and at the discretion of the resident district trustees, and on physical fitness, job skills, service to the community, health and hygiene, responsible citizenship, leadership, how to follow directions, and life-coping skills; and

(6) the youth challenge program be conducted in cooperation with other community programs for at-risk youth.
Mont. Code Ann. § 10-2-803 — MT Code / Title 10 / Chapter 2 / Part 8 / Section 10-2-803
10-2-803 Honor and remember medallion -- commemorative memorial coin
Status: in_force

10-2-803 . Honor and remember medallion -- commemorative memorial coin. (1) There is an honor and remember medallion for family members of eligible service members.

(2) There is a commemorative memorial coin for family members of eligible veterans.

(3) To the extent that funding is available for the purposes of this part, the department shall administer the provisions of this part and provide for the design and production of the medallion and coin and for their distribution, along with the joint resolution under 10-2-806 , to eligible family members.
Mont. Code Ann. § 10-1-613 — MT Code / Title 10 / Chapter 1 / Part 6 / Section 10-1-613
10-1-613 Unlawful sale or detention of military property
Status: in_force

10-1-613 . Unlawful sale or detention of military property. A person may not conceal, sell, dispose of, offer for sale, purchase, retain after demand made by an officer, or in any manner pledge or pawn any arms, equipment, or other military property issued by the United States or this state for use of the militia.
Mont. Code Ann. § 10-1-301 — MT Code / Title 10 / Chapter 1 / Part 3 / Section 10-1-301
10-1-301 Terms of enlistment
Status: in_force

10-1-301 . Terms of enlistment. Except as otherwise provided by federal law or regulation, enlistments, reenlistments, and extension of enlistments shall be for periods as prescribed by the department.
Mont. Code Ann. § 10-2-701 — MT Code / Title 10 / Chapter 2 / Part 7 / Section 10-2-701
10-2-701 Short title
Status: in_force

10-2-701 . Short title. This part may be cited as the "First Special Service Force Memorial Monument Permanent Trust Act".
Mont. Code Ann. § 10-1-502 — MT Code / Title 10 / Chapter 1 / Part 5 / Section 10-1-502
10-1-502 Pay and allowances
Status: in_force

10-1-502 . Pay and allowances. (1) An officer ordered into active duty as provided for in Article VI, section 13, of the constitution of this state must receive pay and allowances as prescribed for an officer of corresponding grade and length of service when on active duty in federal service.

(2) A rated aviation officer performing flying duties in support of a state declaration of emergency or disaster may receive pay at a rate comparable to the pay for other state employees engaged in aerial wildfire suppression efforts if the adjutant general determines that payment at that rate is appropriate.

(3) An enlisted member ordered into active duty as provided for in Article VI, section 13, of the constitution of this state must receive pay at rates equivalent to twice those allowed for an enlisted member of corresponding grade and length of time when on active duty in federal service.

(4) A national guard member placed on state duty for special work, as defined in 10-1-505 , must receive the pay and allowances as prescribed for an officer or enlisted member of corresponding grade and length of service when on active duty in federal service.

(5) The pay and allowances provided for in subsections (1) and (2) may not be paid when pay and allowances for the active duty are provided out of federal funds.
Mont. Code Ann. § 10-3-801 — MT Code / Title 10 / Chapter 3 / Part 8 / Section 10-3-801
10-3-801 Account created for funding search and rescue operations -- rules
Status: in_force

10-3-801 . Account created for funding search and rescue operations -- rules. (1) There is an account in the state special revenue fund established in 17-2-102 . The account must be administered by the disaster and emergency services division of the department exclusively for the purposes of search and rescue as provided in this section. The department may retain up to 5% of the money in the account to pay its costs of administering this section.

(2) There must be deposited in the account:

(a) fund transfers pursuant to 15-1-122 (2)(e);

(b) fund transfers pursuant to 87-1-601 (10);

(c) all money received by the department in the form of gifts, grants, reimbursements, or appropriations from any source intended to be used for search and rescue operations.

(3) (a) Not less than 50% of the money in the account must be used by the department to defray costs of:

(i) local search and rescue units for search and rescue missions conducted through a county sheriff's office at a maximum of $12,000 for each rescue mission, regardless of the number of counties or county search and rescue organizations involved. To fulfill the purposes of this subsection (3)(a)(i), the department shall transmit reimbursement money to the county treasurer, who shall deposit the funds in a separate search and rescue fund accessible by the local search and rescue unit that requested the reimbursement. The county treasurer shall notify the reimbursed local search and rescue unit by mail when the deposit occurs.

(ii) a county sheriff's office at a maximum of $12,000 for each rescue mission, regardless of the number of counties or county search and rescue organizations involved.

(b) The remaining money in the account may be used by the department:

(i) to match local funds for the purchase of equipment for use by local search and rescue units at a maximum of $12,000 for each unit in a calendar year. The cost-sharing match must be 35% local funds to 65% from the account.

(ii) for reimbursement of expenses related to the training of search and rescue volunteers.

(4) The department may adopt rules to implement the proper administration of the account. The rules may include:

(a) a method of reimbursing local search and rescue units or a county sheriff's office, on a case-by-case basis, for authorized search and rescue operations conducted pursuant to subsection (3)(a), including verification of search missions, claims procedures, and fiscal accountability;

(b) methods for processing requests for equipment matching funds and training funds made pursuant to subsection (3)(b), including any verification and accounting necessary to ensure that the provisions of subsection (3)(b) are met;

(c) a system involving input from representatives of county sheriff organizations and state and local search and rescue organizations for assistance in verifying and processing claims for reimbursement, equipment, and training; and

(d) a method for compiling and keeping current a contact list of all search and rescue units in Montana and in neighboring states and provinces in order to ensure collaboration, communication, and cooperation between the various county search and rescue units and between the department and the county units and dedication of a page on the department's website for posting the contact list and other relevant search and rescue information.
Mont. Code Ann. § 10-3-404 — MT Code / Title 10 / Chapter 3 / Part 4 / Section 10-3-404
10-3-404 Contents of order -- effect
Status: in_force

10-3-404 . Contents of order -- effect. (1) An order or resolution declaring or terminating a state of emergency or disaster shall indicate the nature of the emergency or disaster, the area threatened, and the conditions which have brought about the proclamation or declaration or which make possible termination of the state of emergency or disaster. Such order or resolution shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and shall be filed promptly with the division and the agency charged with recording the official records of the political subdivision.

(2) The effect of an emergency proclamation or a disaster declaration is to activate applicable parts of the local or interjurisdictional disaster and emergency plan and program and to authorize the furnishing of aid and assistance in accordance with such plans and programs.
Mont. Code Ann. § 10-1-1505 — MT Code / Title 10 / Chapter 1 / Part 15 / Section 10-1-1505
10-1-1505 Military affected area regulations -- contents
Status: in_force

10-1-1505 . Military affected area regulations -- contents. (1) Regulations adopted for the military affected area must be reasonable, be designed to promote the public health, safety, and general welfare, and protect and facilitate the military missions executed within the military affected area. At a minimum, these regulations must give consideration to:

(a) the safety of persons physically present in a military affected area and the persons and property in the vicinity of the area;

(b) the character of the military operations conducted or expected to be conducted within the area;

(c) the nature of the terrain;

(d) the future development of the military affected area;

(e) United States department of defense recommendations for the safety zones, noise contours, and flight path restrictions for the appropriate type of military operation and the compatibility of surrounding land uses with the recommendations; and

(f) existing and potential future uses of the land proposed to be included in a military affected area.

(2) Military affected area regulations must be limited to addressing current and known future military uses and may be adopted only to:

(a) limit electromagnetic emissions that may interfere with military operations;

(b) describe the military affected area by referencing maps other than those required under 10-1-1504 (2) and describing existing hazards and natural terrain that intrude into the military affected area;

(c) designate and describe zones within the military affected area, along with the height limitations for structures and trees within each zone, considering local conditions and needs;

(d) show the contours for decibel levels of 65 YDNL or greater on the maps that designate a military affected area if a study has been conducted pursuant to United States department of defense regulations and require that information to be considered before any building may occur within the military affected area;

(e) specify the permitted and conditional land uses within each zone of the military affected area by addressing:

(i) residences, schools, hospitals, day-care centers, or other concentrations of people, indoors or outdoors, that are incompatible with activities within the military affected area;

(ii) land uses that are incompatible with the decibel levels described in subsection (2)(d); and

(iii) other land uses that are incompatible with United States department of defense recommendations regarding compatible use of land within a military affected area.
Mont. Code Ann. § 10-3-1114 — MT Code / Title 10 / Chapter 3 / Part 11 / Section 10-3-1114
10-3-1114 Effect of other law
Status: in_force

10-3-1114 . Effect of other law. The procedures and remedies provided in this part apply to the exclusion of those remedies and procedures for interlocal agreements generally under Title 7, chapter 11, part 1.
Mont. Code Ann. § 10-1-1503 — MT Code / Title 10 / Chapter 1 / Part 15 / Section 10-1-1503
10-1-1503 Military affected areas -- definitions
Status: in_force

10-1-1503 . Military affected areas -- definitions. For the purposes of this part, the following definitions apply:

(1) "Airport" has the meaning provided in 67-1-101 .

(2) "Governing body" has the meaning provided in 67-7-103 .

(3) (a) "Military affected area" means land used for military purposes or in close proximity to military facilities that is directly affected or that will be directly affected by military uses.

(b) The term does not mean an area over which military aircraft operate when no other components of military facilities or military uses exist.

(4) "Military facilities" and "military uses" include but are not limited to military airports, military installations, intercontinental ballistic missile alert facilities or launch control centers, missile locations, access roads to missiles or missile-related facilities, and sites formerly used for military training that may be contaminated with hazardous wastes or explosive ordnance.

(5) "YDNL" has the meaning provided in 67-1-101 .
Mont. Code Ann. § 10-3-1310 — MT Code / Title 10 / Chapter 3 / Part 13 / Section 10-3-1310
10-3-1310 Penalty
Status: in_force

10-3-1310 . Penalty. An owner found to be in violation of the provisions of 10-3-1305 through 10-3-1309 shall be fined an amount of not more than $100,000 for each violation. In the case of an accidental spill of a cask containing transuranic waste or leakage of high-level radioactive waste, the penalty is in addition to any other liability. The department of justice is responsible for imposing and determining the amount of a fine.
Mont. Code Ann. § 10-3-1003 — MT Code / Title 10 / Chapter 3 / Part 10 / Section 10-3-1003
10-3-1003 Supplementary agreements
Status: in_force

10-3-1003 . Supplementary agreements. The compact administrator provided for in 10-3-1002 may enter into agreements with other officials in other states, as provided in Article VII of this compact, and in Montana that are necessary to implement the compact.
Mont. Code Ann. § 10-3-305 — MT Code / Title 10 / Chapter 3 / Part 3 / Section 10-3-305
10-3-305 Governor commander-in-chief -- duties
Status: in_force

10-3-305 . Governor commander-in-chief -- duties. (1) During an incident and during a state of emergency or disaster, the governor is commander-in-chief of the militia and of all other forces available for incident, emergency, or disaster duty. To the greatest extent possible, the governor shall delegate or assign command authority by prior arrangement embodied in the state disaster and emergency plan and program and appropriate executive orders.

(2) The governor shall use the services and facilities of the existing officers and agencies of the state, and all officers and agencies shall cooperate with and extend their services and facilities to the governor as the governor may request in the carrying out of the purposes of parts 1 through 4 of this chapter.
Mont. Code Ann. § 10-3-605 — MT Code / Title 10 / Chapter 3 / Part 6 / Section 10-3-605
10-3-605 Filling vacancy for city or town executive
Status: in_force

10-3-605 . Filling vacancy for city or town executive. If the executive head of any city or town is unavailable following an enemy attack to exercise the powers and discharge the duties of office, then those members of the city or town council or commission available shall, by majority vote, choose a successor to act as the executive head of the city or town.
Mont. Code Ann. § 10-4-206 — MT Code / Title 10 / Chapter 4 / Part 2 / Section 10-4-206
10-4-206 Credit for overpayment -- interest on overpayment
Status: in_force

10-4-206 . Credit for overpayment -- interest on overpayment. (1) If the department of revenue determines that the amount of fee, penalty, or interest paid for any year is more than the amount due, the amount of the overpayment must be credited against any tax, penalty, or interest then due from the taxpayer and the balance refunded to the taxpayer or the taxpayer's successor through reorganization, merger, or consolidation or to the taxpayer's shareholders upon dissolution.

(2) Except as provided in subsection (3), interest is allowed on overpayments at the same rate as is charged on deficiency assessments from the due date of the return or from the date of overpayment, whichever date is later, to the date the department of revenue approves refunding or crediting of the overpayment.

(3) (a) Interest does not accrue during any period in which the processing of a claim for a refund is delayed more than 30 days by reason of failure of the taxpayer to furnish information requested by the department of revenue for the purpose of verifying the amount of the overpayment.

(b) Interest is not allowed:

(i) if the overpayment is refunded within 6 months from the date the return is due or from the date the return is filed, whichever is later; or

(ii) if the amount of interest is less than $1.

(c) Only a payment made incident to a bona fide and orderly discharge of actual tax liability or one reasonably assumed to be imposed by this chapter is considered an overpayment with respect to which interest is allowable.
Mont. Code Ann. § 10-3-201 — MT Code / Title 10 / Chapter 3 / Part 2 / Section 10-3-201
10-3-201 Local and interjurisdictional emergency and disaster agencies and services
Status: in_force

10-3-201 . Local and interjurisdictional emergency and disaster agencies and services. (1) Each political subdivision within this state shall designate a local or interjurisdictional agency responsible for emergency and disaster prevention and preparedness and coordination of response and recovery.

(2) The local or interjurisdictional disaster and emergency services agency shall receive assistance from the division in emergency and disaster prevention, preparedness, response, and recovery to the extent of the division's authority and responsibility.

(3) Each political subdivision shall adhere to the provisions of parts 1 through 4 of this chapter and the state disaster and emergency plan and program regarding the structure and responsibilities of the local or interjurisdictional disaster and emergency service agencies and their relationship to the division.

(4) The principal executive officer of each political subdivision shall notify the division of the manner by which the political subdivision is providing or securing emergency and disaster planning and services, identify the person who heads the agency from which planning and services are obtained, and furnish additional information as the division requires.
Mont. Code Ann. § 10-3-1217 — MT Code / Title 10 / Chapter 3 / Part 12 / Section 10-3-1217
10-3-1217 Liability of persons and response team members rendering assistance
Status: in_force

10-3-1217 . Liability of persons and response team members rendering assistance. (1) The following are not liable under this part for injuries, costs, damages, expenses, or other liabilities resulting from the release or threatened release or remedial action resulting from the release or threatened release of a hazardous material:

(a) the state or a political subdivision of the state;

(b) the commission;

(c) the local emergency response authority;

(d) the regional hazardous material incident response team;

(e) a private emergency response team dispatched by the state, a political subdivision of the state, or a local or tribal emergency response authority for emergency response activities; and

(f) an employee, representative, or agent of any of the entities listed in subsections (1)(a) through (1)(e), except for willful misconduct or gross negligence.

(2) The immunity includes but is not limited to indemnification, contribution, or third-party claims for wrongful death, personal injury, illness, loss or damages to property, or economic loss.

(3) A person becomes a member of the regional hazardous material incident response team when the person is contacted, dispatched, or requested for response regardless of the person's location.
Mont. Code Ann. § 10-2-108 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-108
10-2-108 Veterans and surviving spouses state special revenue account
Status: in_force

10-2-108 . Veterans and surviving spouses state special revenue account. (1) There is a veterans and surviving spouses account in the state special revenue fund to be administered by the veterans' affairs division of the department of military affairs. The account consists of revenue deposited pursuant to 16-12-111 and 16-11-119 .

(2) The account must be used to provide services and assistance for all Montana veterans and surviving spouses and dependents.
Mont. Code Ann. § 10-1-612 — MT Code / Title 10 / Chapter 1 / Part 6 / Section 10-1-612
10-1-612 Arrest of trespassers and disturbers
Status: in_force

10-1-612 . Arrest of trespassers and disturbers. (1) The commanding officer may arrest or authorize the arrest of a person who trespasses upon a camp or parade ground, armory, arsenal, rifle range, or any other place devoted to or used for military purposes.

(2) The commanding officer may arrest a person who:

(a) interrupts, molests, or disturbs the orderly discharge of duty by those under arms;

(b) disturbs or prevents the passage of troops going to or returning from any duty; or

(c) assaults a member of the uniformed militia while that member is performing any military duty.

(3) A person who is arrested under this section shall be transferred to the civil authorities in the county where the offense was committed.

(4) A person committing an offense for which an arrest may be made pursuant to this section is guilty of a misdemeanor.
Mont. Code Ann. § 10-3-909 — MT Code / Title 10 / Chapter 3 / Part 9 / Section 10-3-909
10-3-909 Intrastate mutual aid system -- portability of bona fides
Status: in_force

10-3-909 . Intrastate mutual aid system -- portability of bona fides. If a person or entity holds a license, certificate, permit, or similar documentation that evidences the person's or entity's qualifications in a professional, mechanical, or other skill and the assistance of the person or entity is requested by a member jurisdiction, the person or entity is:

(1) considered to be licensed, certified, permitted, or otherwise documented in the member jurisdiction that requests assistance for the duration of the emergency or disaster or of the drills or exercises; and

(2) subject to any legal limitations or conditions prescribed by the governing body or chief executive of the member jurisdiction that receives the assistance.
Mont. Code Ann. § 10-3-105 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-105
10-3-105 Division of disaster and emergency services -- duties
Status: in_force

10-3-105 . Division of disaster and emergency services -- duties. (1) A division of disaster and emergency services is established in the department. The division must have an administrator and other professional, technical, secretarial, and clerical employees as necessary for the performance of its functions.

(2) The department through the division of disaster and emergency services is responsible to the governor for carrying out the planning and program for disaster and emergency services of this state.

(3) The division shall prepare and maintain a comprehensive plan and program for disaster and emergency services of this state. The plan and program must be coordinated with the disaster and emergency plans and programs of the federal government, other states, political subdivisions, tribal governments, and Canada to the fullest extent possible.

(4) The division shall:

(a) coordinate the preparation of the plan and program for disaster and emergency services with the political subdivisions of this state;

(b) coordinate disaster and emergency prevention and preparation activities of all departments, agencies, and organizations within the state;

(c) advise and assist the political subdivisions of this state in executing their disaster and emergency services responsibilities;

(d) make recommendations on the formation of interjurisdictional disaster and emergency services areas when individual political subdivisions are unable to fully and adequately mount an effective local program because of limitations of funding, personnel, or other reasons;

(e) make surveys of industries, resources, and facilities within the state, both public and private, as are necessary to carry out the purposes of parts 1 through 4 of this chapter;

(f) periodically review local and interjurisdictional plans and programs for disaster and emergency services;

(g) develop or assist in the development of mutual aid plans and agreements between the federal government, other states, tribal governments, and Canada and among the political subdivisions of this state;

(h) plan and make arrangements for the availability and use of any private facilities, services, and property and, if necessary and if in fact used, provide for payment for use under terms and conditions agreed upon;

(i) institute training and public information programs and take all other preparatory steps, including the partial or full mobilization of disaster and emergency services organizations in advance of an actual incident, emergency, or disaster, to ensure the availability of adequately trained and equipped personnel in time of an incident, emergency, or disaster;

(j) direct emergency response and disaster preparation activities as authorized by the governor;

(k) direct disaster response and recovery activities as authorized by the governor;

(l) prepare, for issuance by the governor, executive orders or proclamations as necessary or appropriate in coping with incidents, emergencies, and disasters;

(m) maintain liaison with and cooperate with disaster and emergency services agencies and organizations of the federal government, other states, and Canada in achieving any purpose of parts 1 through 4 of this chapter and in implementing programs for disaster prevention, preparation, response, and recovery;

(n) assume any additional authority, duties, and responsibilities authorized by parts 1 through 4 of this chapter as may be prescribed by the governor;

(o) establish all-hazard incident management assistance teams; and

(p) appoint the members of the Montana intrastate mutual aid committee provided for in 10-3-904 .
Mont. Code Ann. § 10-3-207 — MT Code / Title 10 / Chapter 3 / Part 2 / Section 10-3-207
10-3-207 Text of compact
Status: repealed

10-3-207 . Text of compact. The interstate mutual aid compact referred to in 10-3-204 and 10-3-205 reads as follows:

INTERSTATE MUTUAL AID COMPACT

Article I

The purpose of this compact is to provide voluntary assistance among participating states in responding to any disaster or imminent disaster that overextends the ability of local and state governments to reduce, counteract, or remove the danger. Assistance may include but is not limited to rescue, fire, police, medical, communication, and transportation services and facilities to cope with problems which require use of special equipment, trained personnel, or personnel in large numbers not locally available.

Article II

Article I, section 10, of the Constitution of the United States permits a state to enter into an agreement or compact with another state, subject to the consent of congress. Congress, through enactment of 50 U.S.C. 2281(g) and 2283 (now repealed) and the executive branch, by issuance of Executive Orders No. 10186 of December 1, 1950, encourages the states to enter into emergency, disaster, and civil defense mutual aid agreements or pacts.

Article III

It is agreed by participating states that the following conditions will guide implementation of the compact:

(1) Participating states through their designated officials are authorized to request and receive assistance from a participating state. Requests will be granted only if the requesting state is committed to the mitigation of the emergency and other resources are not immediately available.

(2) Requests for assistance may be verbal or in writing. If the request is made by other than written communication, it must be confirmed in writing as soon as practical after the request. A written request shall provide an itemization of equipment and operators, types of expertise, and personnel or other resources needed. Each request must be signed by an authorized official.

(3) Personnel and equipment of the aiding state made available to the requesting state shall, whenever possible, remain under the control and direction of the aiding state. The activities of personnel and equipment of the aiding state must be coordinated by the requesting state.

(4) An aiding state has the right to withdraw some or all of its personnel and equipment whenever the personnel and equipment are needed by that state. Notice of intention to withdraw should be communicated to the requesting state as soon as possible.

Article IV

(1) The requesting state shall reimburse the aiding state as soon as possible after the receipt by the requesting state of an itemized voucher requesting reimbursement of costs.

(2) Any state rendering aid pursuant to this compact must be reimbursed by the state receiving such aid for any damage to, loss of, or expense incurred in the operation of any equipment used in responding to a request for aid, and for the cost incurred in connection with such requests.

(3) Any state rendering aid pursuant to this compact must be reimbursed by the state receiving such aid for the cost of compensation and death benefits to injured officers, agents, or employees and their dependents or representatives if such officers, agents, or employees sustain injuries or are killed while rendering aid pursuant to this arrangement and such payments are made in the same manner and on the same terms as if the injury or death were sustained within the aiding state.

Article V

(1) All privileges and immunities from liability, exemptions from law, ordinances, and rules and all pension, disability relief, workers' compensation, and other benefits that apply to the activity of officers, agents, or employees when performing their respective functions within the territorial limits of their respective political subdivisions apply to them to the same extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this compact.

(2) All privileges and immunities from liability, exemptions from law, ordinances, and rules and workers' compensation and other benefits that apply to duly enrolled or registered volunteers when performing their respective functions at the request of their state and within its territorial limits apply to the same extent while performing their functions extraterritorially under the provisions of this compact. Volunteers may include but are not limited to physicians, surgeons, nurses, dentists, structural engineers, and trained search and rescue volunteers.

(3) The signatory states, their political subdivisions, municipal corporations, and other public agencies shall hold harmless the corresponding entities and personnel thereof from the other state with respect to the acts and omissions of its own agents and employees that occur while providing assistance pursuant to the common plan.

(4) Nothing in this arrangement may be construed as repealing or impairing any existing interstate mutual aid agreements.

(5) Upon enactment of this compact by two or more states, and annually by each January 1 thereafter, the participating states will exchange with each other the names of officials designated to request and provide services under this arrangement. In accordance with the cooperative nature of this arrangement, it is permissible and desirable for the states to exchange operational procedures to be followed in requesting assistance and reimbursing expenses.

(6) This compact becomes effective and is binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact becomes effective and binding as to any other state upon similar action by such state.

(7) This compact remains binding upon a party state until it enacts a law repealing the compact and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal may not take effect until the 30th consecutive day after the notice has been sent. Such withdrawal does not relieve the withdrawing state from its obligations assumed under this compact prior to the effective date of withdrawal.
Mont. Code Ann. § 10-3-607 — MT Code / Title 10 / Chapter 3 / Part 6 / Section 10-3-607
10-3-607 Relocating seat of state government
Status: in_force

10-3-607 . Relocating seat of state government. If the seat of state government at Helena is rendered unsuitable for use in that capacity, the seat of state government may be moved to an alternate location within the boundaries of the state of Montana by proclamation of the governor. The governor shall consider other Montana cities in order of their population in the last federal census, giving consideration to available communications, office space, and other factors considered pertinent. The move of the seat of government is effective until it is again moved by proclamation of the governor or action by the legislature.
Mont. Code Ann. § 10-4-310 — MT Code / Title 10 / Chapter 4 / Part 3 / Section 10-4-310
10-4-310 9-1-1 GIS mapping account created -- source of funding -- use of account
Status: in_force

10-4-310 . (Temporary) 9-1-1 GIS mapping account created -- source of funding -- use of account. (1) There is an account in the state special revenue fund to be known as the 9-1-1 GIS mapping fund.

(2) There must be deposited in the account:

(a) money received from legislative allocations and from transfers made in accordance with 10-4-304 (5); and

(b) any gift, donation, grant, legacy, bequest, or devise made for the purposes of subsection (3).

(3) The account may be used only by the state library provided for in 22-1-102 in carrying out its coordination and management responsibilities to collect, maintain, and disseminate GIS land information in the state as it pertains to supporting public safety answering points on the ongoing assessment and improvement of next-generation 9-1-1 GIS data sets.

(4) Before September 1 of each even-numbered year, the state library shall produce a report summarizing the status of GIS readiness in Montana as it pertains to next-generation 9-1-1 GIS, including policy and funding recommendations necessary to advance next-generation 9-1-1 systems. The state library shall provide the report in accordance with 5-11-210 to the energy and technology interim committee provided for in 5-5-230 .

(5) Funds in the account are statutorily appropriated to the state library as provided in 17-7-502 .

(6) At the end of fiscal year 2031, any unexpended balance in the account must be transferred to the account established in accordance with 10-4-304 (1). (Terminates July 1, 2031--sec. 8, Ch. 200, L. 2021.)
Mont. Code Ann. § 10-3-314 — MT Code / Title 10 / Chapter 3 / Part 3 / Section 10-3-314
10-3-314 Community disaster loans
Status: in_force

10-3-314 . Community disaster loans. Whenever, at the request of the governor, the president has declared a major disaster to exist in this state, the governor is authorized:

(1) upon the governor's determination that a political subdivision of the state or that a tribal government will suffer a substantial loss of tax and other revenue from an emergency or disaster and has demonstrated a need for financial assistance to perform its governmental functions, to apply to the federal government, on behalf of the political subdivision or tribal government, for a loan. The proceeds are statutorily appropriated, as provided in 17-7-502 , to the governor, who may receive and disburse the proceeds of any approved loan to any applicant political subdivision or tribal government.

(2) to determine the amount needed by any applicant political subdivision or tribal government to restore or resume its governmental functions and to certify the same to the federal government. However, the application amount may not exceed 25% of the annual operating budget of the applicant for the fiscal year in which the emergency or disaster occurs.

(3) to recommend to the federal government, based upon the governor's review, the cancellation of all or any part of repayment when, in the first 3 full fiscal years following the emergency or disaster, the revenue of the political subdivision or tribal government is insufficient to meet its operating expenses, including additional emergency-related or disaster-related expenses of the political subdivision or tribal government.
Mont. Code Ann. § 10-3-704 — MT Code / Title 10 / Chapter 3 / Part 7 / Section 10-3-704
10-3-704 Local agency to contact national guard
Status: in_force

10-3-704 . Local agency to contact national guard. (1) If a tactical incident exceeds the capability of a local law enforcement agency, the agency administrator may call the national guard staff duty office for assistance as provided in 10-3-705 .

(2) The national guard staff duty officer shall inform the governor of the request.
Mont. Code Ann. § 10-3-112 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-112
10-3-112 Employment requirements for personnel -- political involvement of organizations prohibited
Status: in_force

10-3-112 . Employment requirements for personnel -- political involvement of organizations prohibited. (1) A person may not be employed in any disaster and emergency services organization established under parts 1 through 4 of this chapter who advocates a change by force or violence in the constitutional form of the government of the United States or in this state or the overthrow of any government in the United States by force or violence or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in an organization for disaster and emergency services shall, before entering upon the person's duties, take an oath, in writing, before a person authorized to administer oaths in this state, that is substantially as follows:

"I ...., swear (or affirm) that I will support and defend The Constitution of the United States and The Constitution of the State of Montana against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me, God."

(2) An organization for disaster and emergency services established under this chapter may not participate in any form of political activity, nor may it be employed directly or indirectly for political purposes.
Mont. Code Ann. § 10-3-1308 — MT Code / Title 10 / Chapter 3 / Part 13 / Section 10-3-1308
10-3-1308 Responsibilities of highway patrol -- monitoring of motor carriers -- billing
Status: in_force

10-3-1308 . Responsibilities of highway patrol -- monitoring of motor carriers -- billing. (1) After receiving notification from the disaster and emergency services division that a motor carrier will be transporting high-level radioactive waste or transuranic waste through the state, the highway patrol shall establish a plan for monitoring the shipment.

(2) Monitoring a shipment by motor carrier may include escorting the vehicle through the state, establishing checkpoints, shadowing the vehicle, electronically following the vehicle's movements, or any other method determined by the highway patrol to be effective and safe.

(3) The highway patrol shall coordinate inspection of the motor carrier with the department of transportation's motor carrier services division.

(4) The highway patrol shall determine the cost that it has incurred in monitoring each motor carrier and shall submit a bill for reimbursement to the disaster and emergency services division for payment out of the account established in 10-3-1304 (1).

(5) The routing of the transport by motor carrier of high-level radioactive waste and transuranic waste must be determined by the department of transportation and the appropriate regulating federal authority.
Mont. Code Ann. § 10-1-611 — MT Code / Title 10 / Chapter 1 / Part 6 / Section 10-1-611
10-1-611 Authority of commanding officer to arrest
Status: in_force

10-1-611 . Authority of commanding officer to arrest. The commanding officer at any drill, parade, encampment, or other duty may order those under the commanding officer's command to perform any military duty the commanding officer requires. The commanding officer may arrest, for the time of the drill, parade, encampment, or other duty, an officer or enlisted person who disobeys the orders of a superior officer.
Mont. Code Ann. § 10-3-1112 — MT Code / Title 10 / Chapter 3 / Part 11 / Section 10-3-1112
10-3-1112 Limitation of powers
Status: in_force

10-3-1112 . Limitation of powers. Except for the right granted by this part to jointly exercise powers, this part does not authorize any fire protection service, emergency medical care provider, or local government subdivision of this state to exercise a power that it is not otherwise authorized to exercise.
Mont. Code Ann. § 10-3-1113 — MT Code / Title 10 / Chapter 3 / Part 11 / Section 10-3-1113
10-3-1113 Right of state in actions involving agreements
Status: in_force

10-3-1113 . Right of state in actions involving agreements. In any case or controversy involving performance or interpretation of or liability under a mutual aid agreement entered into between one or more fire protection services, emergency medical care providers, or local government subdivisions of this state and one or more fire protection services, emergency medical care providers, or local government subdivisions of another state or of the United States, the parties to the agreement are the real parties in interest. This state may maintain an action against any fire protection service, emergency medical care provider, or local government subdivision whose default, failure, performance, or other conduct caused or contributed to a liability incurred by the state.
Mont. Code Ann. § 10-2-602 — MT Code / Title 10 / Chapter 2 / Part 6 / Section 10-2-602
10-2-602 Rulemaking authority
Status: in_force

10-2-602 . Rulemaking authority. The board shall adopt rules to administer the state veterans' cemetery program and to provide criteria for determining who may be buried in a state veterans' cemetery. The criteria must include but are not limited to discharge status and length of service. The rules must be adopted in accordance with the Montana Administrative Procedure Act provided for in Title 2, chapter 4.
Mont. Code Ann. § 10-1-1309 — MT Code / Title 10 / Chapter 1 / Part 13 / Section 10-1-1309
10-1-1309 Review if application denied
Status: in_force

10-1-1309 . Review if application denied. (1) If the adjutant general denies an application for a grant, the adjutant general shall explain the basis for the denial to the applicant in writing.

(2) An applicant whose application is denied may appeal the decision in writing to the adjutant general in the manner prescribed by rule. After considering the applicant's appeal, the adjutant general shall affirm or deny the appeal in writing.

(3) There is no further appeal if the adjutant general denies the appeal.
Mont. Code Ann. § 10-2-601 — MT Code / Title 10 / Chapter 2 / Part 6 / Section 10-2-601
10-2-601 State veterans' cemeteries
Status: in_force

10-2-601 . State veterans' cemeteries. (1) The board shall establish and operate state veterans' cemeteries, except as provided in subsection (4).

(2) A cemetery is located at Fort William Henry Harrison in Lewis and Clark County, at Missoula, and at Miles City. A cemetery may be located in Yellowstone County and in Columbia Falls in Flathead County if funding allows.

(3) The board may establish additional state veterans' cemeteries only as funding allows.

(4) (a) The board may designate a veterans' cemetery established pursuant to 7-35-2205 as a state veterans' cemetery if:

(i) the legislature has authorized the cemetery pursuant to subsection (2) or (3); and

(ii) the board certifies that the cemetery is operated and maintained under the same standards and interment eligibility criteria as required for a state veterans' cemetery established by the board.

(b) A cemetery designated under this subsection (4) as a state veterans' cemetery must be recognized and identified as a state veterans' cemetery on official state maps, in other appropriate state publications and websites, and on appropriate state road signs.
Mont. Code Ann. § 10-3-703 — MT Code / Title 10 / Chapter 3 / Part 7 / Section 10-3-703
10-3-703 Tactical team aiding another jurisdiction
Status: in_force

10-3-703 . Tactical team aiding another jurisdiction. (1) If a tactical incident exceeds the capability of a local law enforcement agency, the agency administrator may request the assistance of a tactical team from another jurisdiction.

(2) A tactical team called to another jurisdiction has peace officer status in that jurisdiction under the authority of the requesting agency.
Mont. Code Ann. § 10-3-119 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-119
10-3-119 Administrative disciplinary sanctions
Status: in_force

10-3-119 . Administrative disciplinary sanctions. (1) A licensing board or a licensing program in Montana:

(a) may impose administrative sanctions upon a volunteer professional for unprofessional conduct in response to an emergency or disaster that occurs in Montana; and

(b) shall report any administrative sanctions imposed upon a volunteer professional licensed in another state to the appropriate licensing board or disciplinary authority in any other state in which the practitioner is known to be licensed.

(2) In determining whether to impose administrative sanctions under subsection (1), a licensing board or other disciplinary authority in Montana shall consider any exigent circumstances in which the conduct took place in light of the emergency or disaster.
Mont. Code Ann. § 10-3-1218 — MT Code / Title 10 / Chapter 3 / Part 12 / Section 10-3-1218
10-3-1218 Required assistance in hazardous material incident
Status: in_force

10-3-1218 . Required assistance in hazardous material incident. An owner or agent of the owner of a hazardous material involved in an incident, a person causing an incident, a person transporting a hazardous material involved in an incident, and a person owning or occupying property involved in an incident shall assist the state as requested by the incident commander in responding to an emergency situation associated with the incident as may be necessary to address an acute threat to public health or safety or to the environment until the incident commander declares that the emergency situation is over.
Mont. Code Ann. § 10-1-1506 — MT Code / Title 10 / Chapter 1 / Part 15 / Section 10-1-1506
10-1-1506 Regulations relative to zoning ordinances
Status: in_force

10-1-1506 . Regulations relative to zoning ordinances. (1) Subject to subsection (3), if a governing body has adopted a zoning ordinance or resolution, any regulations adopted under this part may be made a part of the zoning ordinance or resolution and may be administered and enforced in connection with it.

(2) If a political subdivision has a planning board, zoning commission, or joint military affected area board, a governing body may request the assistance of those boards or commissions in designating a military affected area or adopting, amending, or repealing military affected area regulations.

(3) When a conflict exists between the regulations adopted pursuant to this part and any zoning ordinances or resolutions applicable to the same area that the regulations are intended to govern, the more stringent limitation or requirement prevails.
Mont. Code Ann. § 10-2-404 — MT Code / Title 10 / Chapter 2 / Part 4 / Section 10-2-404
10-2-404 Acceptance and deposit of federal money
Status: in_force

10-2-404 . Acceptance and deposit of federal money. The department of public health and human services may accept money from the federal government that becomes available to the state as a result of operating the Montana veterans' homes and shall deposit the money in the state treasury for the benefit of the homes. If a resident of a home is transferred to another institution, the department of public health and human services shall continue to draw from the federal government any money available for the maintenance of the former resident.
Mont. Code Ann. § 10-3-603 — MT Code / Title 10 / Chapter 3 / Part 6 / Section 10-3-603
10-3-603 Filling vacancy in boards of county commissioners
Status: in_force

10-3-603 . Filling vacancy in boards of county commissioners. In case of a vacancy on any board of county commissioners occurring during or following an enemy attack, if the judge or judges of the judicial district in which the vacancy occurs be not available to make the appointment then the district judges of all other judicial districts shall be authorized to make such appointment. Provided, however, that of the available judges in the state of Montana that judge who holds court in the county seat closest to the county seat where the vacancy occurs shall be responsible for making the appointment to fill the vacancy.
Mont. Code Ann. § 10-3-702 — MT Code / Title 10 / Chapter 3 / Part 7 / Section 10-3-702
10-3-702 Definitions
Status: in_force

10-3-702 . Definitions. As used in this part, the following definitions apply:

(1) "Jurisdiction" means the jurisdiction of any law enforcement agency within Montana.

(2) "Tactical incident" means any situation in which it is reasonable to expect the possibility of the loss of life or the taking of a hostage unless extraordinary steps are taken. These situations may include but are not limited to:

(a) a barricaded person with a gun;

(b) a person taken hostage;

(c) arrests in extraordinary circumstances;

(d) civil disorder;

(e) terrorist activity;

(f) protection of a dignitary; and

(g) courtroom security in extraordinary circumstances.

(3) "Tactical team" means a small group of highly disciplined law enforcement officers trained to provide a quick and ready response to high-risk conditions and situations that go beyond the capabilities of normally trained and equipped officers. With specialized training, tactics, and equipment, this small group of officers provides a greater expectation of resolving incidents without loss of property, injury, or loss of life.
Mont. Code Ann. § 10-1-206 — MT Code / Title 10 / Chapter 1 / Part 2 / Section 10-1-206
10-1-206 Examination as to fitness -- board of examination
Status: in_force

10-1-206 . Examination as to fitness -- board of examination. (1) The governor, when the governor considers it necessary, may order an officer to appear before a board of examination. The board of examination consists of three officers, senior in rank to the officer whose fitness for service is under examination. The board may:

(a) inquire into the fitness for military service due to physical disability of an officer under 10-1-203 (1)(b);

(b) inquire into the moral character, capacity, and professional fitness of an officer in order to make a recommendation under 10-1-205 (2)(e).

(2) The board, under 10-1-203 (1)(b), may recommend the retention of the officer being examined or recommend the officer's retirement because of a physical inability to perform active service.

(3) The board, under 10-1-205 (2)(e), may recommend the discharge and the vacating of the officer's commission or warrant.

(4) The findings of the board become effective only upon the approval of the governor.
Mont. Code Ann. § 10-3-315 — MT Code / Title 10 / Chapter 3 / Part 3 / Section 10-3-315
10-3-315 Debris and wreckage removal in emergencies or disasters
Status: in_force

10-3-315 . Debris and wreckage removal in emergencies or disasters. (1) Whenever the governor has declared a state of emergency or state of disaster to exist under the laws of this state or the president, at the request of the governor, has declared a major disaster or emergency to exist in this state, the governor is authorized:

(a) notwithstanding any other provision of law, through the use of state departments or agencies or the use of any of the state's instrumentalities, to clear or remove from publicly or privately owned land or water debris and wreckage that may threaten public health or safety or public or private property in any state of emergency or state of disaster declared by the governor or major disaster as declared by the president;

(b) to accept funds from the federal government and utilize the funds to make grants to any political subdivision or tribal government for the purpose of removing debris or wreckage from publicly or privately owned land or water.

(2) (a) Authority under this section may not be exercised unless the affected political subdivision, tribal government, corporation, organization, or individual first presents an unconditional authorization for removal of the debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, first agrees to indemnify the state government against any claim arising from the removal.

(b) Whenever the governor provides for the clearing of debris or wreckage pursuant to subsection (1)(a) or (1)(b), employees of the designated state agencies or individuals appointed by the state are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearing operation.
Mont. Code Ann. § 10-3-1202 — MT Code / Title 10 / Chapter 3 / Part 12 / Section 10-3-1202
10-3-1202 Purpose
Status: in_force

10-3-1202 . Purpose. It is the purpose of this part to:

(1) provide that adequate hazardous material emergency response capability exists in the state in order to protect the health and safety of Montana citizens and the environment;

(2) delineate those state agencies responsible for responding to a hazardous material incident;

(3) provide for the control and management of hazardous material incidents;

(4) provide for the cooperation of other state agencies and local governments in hazardous material incident management; and

(5) provide for the formulation of a comprehensive hazardous material response support plan.
Mont. Code Ann. § 10-1-1019 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1019
10-1-1019 Independent lawsuit not precluded -- exhaustion of administrative remedies
Status: in_force

10-1-1019 . Independent lawsuit not precluded -- exhaustion of administrative remedies. Nothing in this part may be construed as infringing on a person's right to file an independent lawsuit to seek relief as a private party from an alleged violation of this part. However, if a person files a complaint with the department as provided in 10-1-1015 , the person must have exhausted the administrative remedies available under 10-1-1016 before having standing to initiate an independent lawsuit.
Mont. Code Ann. § 10-3-602 — MT Code / Title 10 / Chapter 3 / Part 6 / Section 10-3-602
10-3-602 Filling vacancy in governorship
Status: in_force

10-3-602 . Filling vacancy in governorship. Following an enemy attack, the line of succession to the office of governor shall be extended as provided in Title 2, chapter 16, part 5.
Mont. Code Ann. § 10-1-602 — MT Code / Title 10 / Chapter 1 / Part 6 / Section 10-1-602
10-1-602 Right-of-way while performing military duty
Status: in_force

10-1-602 . Right-of-way while performing military duty. (1) The commanding officer of a unit of the organized militia parading or performing any military duty in a street or highway may require all persons on the street or highway to yield the right-of-way to troops. Motor vehicles traveling in military convoy shall be accorded the right-of-way on all streets and highways.

(2) The exercise of the right-of-way provided for in this section may not interfere with the carriage of the United States mail or with the progress of an ambulance or members of a police or fire department.

(3) A person who fails to yield the right-of-way as prescribed by this section is guilty of a misdemeanor.
Mont. Code Ann. § 10-3-502 — MT Code / Title 10 / Chapter 3 / Part 5 / Section 10-3-502
10-3-502 Definitions
Status: in_force

10-3-502 . Definitions. Unless the context requires otherwise, in this part the following definitions apply:

(1) "Emergency resources management plan" means that plan prepared by the department of military affairs, approved by the federal office of emergency planning, and adopted by the governor, which sets forth the organization, administration, and functions for the emergency management by the state government of essential resources and economic stabilization within the state.

(2) "Enemy attack" means an actual attack by a foreign nation by hostile air raids or other forms of warfare upon this state or any other state or territory of the United States.

(3) "Political subdivision" means any county, city, town, or township of the state.
Mont. Code Ann. § 10-2-901 — MT Code / Title 10 / Chapter 2 / Part 9 / Section 10-2-901
10-2-901 Decennial veterans' long-term care needs study
Status: in_force

10-2-901 . Decennial veterans' long-term care needs study. (1) On receipt of the most recent federal census data, the Montana veterans' affairs division, in consultation with the department of public health and human services, shall perform an analysis of the long-term care needs of veterans in the state, known as the decennial veterans' long-term care needs study.

(2) The study must determine the demographics of the Montana veteran population, including the number and age of veterans in each county and the type of long-term care needs of the population. The study must also include evaluation of the need for nursing home, domiciliary, and Alzheimer's disease support services, as well as any other care needs identified by the Montana veterans' affairs division and by stakeholders.

(3) The study must include a personal survey of the Montana veteran population, including online and paper options and focus groups.

(4) This study must be conducted in collaboration with stakeholders, including but not limited to veterans' outreach organizations, legislators, caregivers, and local groups that work directly with the Montana veteran population. The Montana veterans' affairs division may form an advisory committee comprised of stakeholders to assist with the survey.

(5) The study must evaluate existing veterans' home services and the configuration of those services with respect to the needs identified.

(6) The study must include an analysis of the need for additional state veterans' cemeteries, including their placement within the state.

(7) The Montana veterans' affairs division shall prepare an outreach and marketing plan prior to the start of the study.
Mont. Code Ann. § 10-3-210 — MT Code / Title 10 / Chapter 3 / Part 2 / Section 10-3-210
10-3-210 Statement of policy -- poll of legislature -- expenditure plan for unanticipated funds
Status: in_force

10-3-210 . Statement of policy -- poll of legislature -- expenditure plan for unanticipated funds. (1) In order to prevent an overly broad delegation of legislative powers to the executive branch, to ensure continuity of government during a period of emergency as provided in Article III, section 2, of the Montana constitution, and to preserve strict accountability of all money spent by the state as provided in Article VIII, section 12, of the Montana constitution, the legislature retains the power to approve the governor's power over large unanticipated funds, items, and services received for purposes of emergency or disaster services while providing a means to provide for a prompt and timely oversight of the funds through an expedited polling process.

(2) As provided in 10-3-203 (3)(b), when the legislature is not in session the legislative finance committee shall request that the secretary of state poll the members of the legislature to determine if a majority of the members of the house of representatives and a majority of the members of the senate are in favor of a legislative declaration approving the governor's expenditure plan.

(3) The request must:

(a) state the conditions warranting the poll;

(b) provide the recommendations of the legislative finance committee as provided in 10-3-203 (3)(b); and

(c) provide a legislative declaration to affirm the governor's expenditure plan.

(4) Within 3 calendar days after receiving a request, the secretary of state shall send a ballot to all legislators by using any reasonable and reliable means, including electronic delivery, that contains the information provided in subsection (3) and the date by which legislators shall return the ballot, which may not be more than 10 calendar days after the date the ballots were sent.

(5) A legislator may cast and return a vote by delivering the ballot in person, by mailing, or by sending the ballot by facsimile transmission or electronic mail to the office of the secretary of state. A legislator may not change the legislator's vote after the ballot is received by the secretary of state. The secretary of state shall tally the votes within 1 working day after the date for return of the votes. If a majority of the members in each house vote to approve the legislative declaration, then the governor's expenditure plan is approved and the governor is no longer bound to the appropriation limit in 10-3-203 (3) for the applicable emergency or disaster.

(6) A ballot that is not returned by the deadline established by the secretary of state is considered a vote against the declaration.

(7) If the expenditure plan is not approved, the governor may submit a new expenditure plan under the provisions of 10-3-203 (3) for the purpose of a revised poll of the legislature, call a special session of the legislature under the provisions of Article V, section 11, of the Montana constitution to consider the plan, or remain within the appropriation limit in 10-3-203 (3).
Mont. Code Ann. § 10-4-305 — MT Code / Title 10 / Chapter 4 / Part 3 / Section 10-4-305
10-4-305 Distribution of 9-1-1 systems account by department
Status: in_force

10-4-305 . Distribution of 9-1-1 systems account by department. (1) The department shall allocate and distribute the total quarterly balance of the account provided for in 10-4-304 (2)(a) to local and tribal government entities that host public safety answering points based on rules adopted by the department in accordance with 10-4-108 (3).

(2) The department shall update the rules establishing the quarterly allocation and distribution provided for in subsection (1) and allocate and distribute the quarterly balance as set forth in the rules.
Mont. Code Ann. § 10-1-204 — MT Code / Title 10 / Chapter 1 / Part 2 / Section 10-1-204
10-1-204 Resignation of officers
Status: in_force

10-1-204 . Resignation of officers. An officer may resign, but the resignation is not effective until it has been accepted by the governor.
Mont. Code Ann. § 10-3-1216 — MT Code / Title 10 / Chapter 3 / Part 12 / Section 10-3-1216
10-3-1216 Cost recovery and civil remedies
Status: in_force

10-3-1216 . Cost recovery and civil remedies. (1) Cost recovery is the duty of the city or county having authority where an incident occurred.

(2) The commission shall ensure the recovery of state expenditures according to the plan.

(3) A person responsible for an incident is liable for attorney fees and costs of the commission incurred in recovering costs associated with responding to an incident.

(4) The remedy for the recovery of emergency response costs identified in this part is in addition to any other remedy for recovery of the costs provided by applicable federal or state law.

(5) Any person who receives compensation for the emergency response costs pursuant to any other federal or state law is precluded from recovering compensation for those costs pursuant to this chapter.

(6) Except for the commission, the regional hazardous material incident response team, and the local emergency response authority, this part does not otherwise affect or modify in any way the obligations or liability of any person under any other provision of state or federal law, including common law, for damages, injury, or loss resulting from the release or threatened release of any hazardous material or for remedial action or the costs of remedial action for a release or threatened release.

(7) Any person who is not a liable party under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended, or the Comprehensive Environmental Cleanup and Responsibility Act, Title 75, chapter 10, part 7, and who renders assistance in response to an emergency situation associated with an incident may file a civil action against the responsible party for recoverable costs that have not been reimbursed by the state.

(8) Recoveries by the state for reimbursed costs under this section must be deposited in the environmental contingency account to offset amounts paid as reimbursement.
Mont. Code Ann. § 10-1-202 — MT Code / Title 10 / Chapter 1 / Part 2 / Section 10-1-202
10-1-202 Oath of office
Status: in_force

10-1-202 . Oath of office. (1) Except when a comparable oath is subscribed to under federal law or regulation, every officer shall take and subscribe to the following oath of office:

"I, ...., do solemnly swear that I will support and defend the constitution of the United States and the constitution of the state of Montana against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the president of the United States and the governor of the state of Montana; that I make this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office of .... in the .... upon which I am about to enter, so help me God."

(2) If an officer refuses or neglects to take the oath, the officer is considered to have resigned the office and a new appointment must be made.
Mont. Code Ann. § 10-3-203 — MT Code / Title 10 / Chapter 3 / Part 2 / Section 10-3-203
10-3-203 Acceptance of services, gifts, grants, and loans
Status: in_force

10-3-203 . Acceptance of services, gifts, grants, and loans. (1) Whenever the federal government or any agency or officer of the federal government offers to the state, or through the state to any political subdivision of the state, services, equipment, supplies, materials, or funds by way of gift, grant, reimbursement of mutual aid, or loan for purposes of emergency or disaster services, the state, acting through the governor, or the political subdivision, acting through its executive officer or governing body, may accept the offer. Upon the acceptance, the governor of the state or the executive officer or governing body of the political subdivision may authorize any officer of the state or of the political subdivision to receive the services, equipment, supplies, materials, or funds on behalf of the state or political subdivision and subject to the terms of the offer and the rules, if any, of the agency making the offer.

(2) Subject to subsection (3), the funds, items, and services set forth in subsection (1) are statutorily appropriated, as provided in 17-7-502 , to the governor for the purposes set forth in subsection (1) or to the department of natural resources and conservation for fire suppression purposes or costs.

(3) (a) The statutory appropriation provided in this section is limited to an amount equal to 5% of the general fund appropriations for the second year of the biennium in the most recently adopted general appropriations act for each emergency or disaster, unless the governor receives authorization from the legislature through a joint resolution or a bill during a regular or special session of the legislature or through the polling process in 10-3-210 .

(b) (i) If the legislature is not in session and the funds, items, and services set forth in subsection (1) exceed the appropriation limit in subsection (3)(a), the governor shall submit a copy of the governor's recommendations to expend more than the appropriation limit in this section to the legislative fiscal analyst provided for in 5-12-302 as an expenditure plan. The plan must be provided in an electronic format.

(ii) The legislative finance committee provided for in 5-12-201 shall meet within 20 days of the date that the proposed plan is provided to the legislative fiscal analyst. The legislative finance committee may make recommendations concerning the governor's plan. The governor shall consider the recommendations of the legislative finance committee in determining how the money will be expended and either include or omit finance committee recommendations in the governor's plan.

(iii) The legislative finance committee shall provide a recommendation to the members of the senate and the house of representatives regarding whether to accept the governor's final expenditure plan and request a polling of the legislature pursuant to 10-3-210 within 10 calendar days of receiving the governor's final plan.
Mont. Code Ann. § 10-1-1305 — MT Code / Title 10 / Chapter 1 / Part 13 / Section 10-1-1305
10-1-1305 Allowable uses of account
Status: in_force

10-1-1305 . Allowable uses of account. Subject to the availability of money in the account and 10-1-1306 , the department shall use the money in the account to make the following grants to members and to family members:

(1) a status-based grant of $250 to each family member of a member who is activated for federal service in a contingency operation for a period of more than 30 days;

(2) a needs-based grant of not more than $2,000 to a member or a family member if the member or family member is experiencing a significant emergency that, in the discretion of the department, warrants financial assistance; and

(3) a casualty-based grant of $2,000 to a member who at any time after activation for federal service in a contingency operation sustained a nonfatal injury in the course of or related to combat as a direct result of hostile action. A member may receive only one casualty-based grant for injuries sustained during or arising out of the same contingency operation.
Mont. Code Ann. § 10-1-112 — MT Code / Title 10 / Chapter 1 / Part 1 / Section 10-1-112
10-1-112 Access to confidential criminal justice information
Status: in_force

10-1-112 . Access to confidential criminal justice information. The adjutant general or the adjutant general's designee may request from a prosecutor or a law enforcement agency confidential criminal justice information, as defined in 44-5-103 , relating to a member of the national guard for use in an administrative action. If the prosecutor or law enforcement agency determines that dissemination of the requested confidential criminal justice information would not jeopardize a pending investigation or other criminal proceeding, the prosecutor or the investigating law enforcement agency may disseminate the information to the adjutant general or the adjutant general's designee.
Mont. Code Ann. § 10-4-107 — MT Code / Title 10 / Chapter 4 / Part 1 / Section 10-4-107
10-4-107 Department duties and powers -- 9-1-1 planning
Status: in_force

10-4-107 . Department duties and powers -- 9-1-1 planning. (1) There is a 9-1-1 program administered by the department.

(2) The department shall:

(a) allocate and distribute 9-1-1 fees;

(b) update the allocation and distribution of 9-1-1 fees in accordance with 10-4-305 and rules adopted pursuant to 10-4-108 ;

(c) provide grants in accordance with 10-4-306 . In awarding the grants, the department shall review and approve requests for funding in accordance with 10-4-306 .

(d) monitor the expenditure of program funds for:

(i) 9-1-1 purposes by local and tribal governments that host public safety answering points; and

(ii) allowable uses of grant funds by entities;

(e) maintain a statewide 9-1-1 plan in accordance with subsection (3);

(f) staff and fund the administrative costs of the 9-1-1 advisory council established in 10-4-105 ;

(g) accept federal funds granted by congress or by executive order and gifts, grants, and donations for the purposes of administering this chapter; and

(h) establish allowable uses of funds by local and tribal governments that host public safety answering points that receive distributions pursuant to 10-4-305 and ensure that funds are expended only for allowable uses.

(3) A statewide 9-1-1 plan must include:

(a) to the maximum extent feasible the use of existing commercial communications infrastructure; and

(b) 9-1-1 system standards and support efforts to migrate legacy technologies to next-generation 9-1-1 technologies when appropriate and to provide for the implementation of future 9-1-1 technologies. Any standards adopted by the department for legacy 9-1-1 technologies or principles adopted for baseline next-generation 9-1-1 technologies must be:

(i) flexible and graduated, while ensuring minimum service levels; and

(ii) based on industry standards.

(4) The department, in fulfilling its duties pursuant to subsection (2), may request necessary information from local and tribal governments. If a local or tribal government does not comply with the request, the department may withhold funding distributions as provided for in 10-4-109 .
Mont. Code Ann. § 10-1-601 — MT Code / Title 10 / Chapter 1 / Part 6 / Section 10-1-601
10-1-601 Actions against militia members -- attorney fees
Status: in_force

10-1-601 . Actions against militia members -- attorney fees. When an action is commenced in a court against a member of the organized militia for an act done in an official capacity in the discharge of the member's duty or for an alleged omission to do an act that it was the member's duty to perform, the defendant must be defended by the attorney general at the expense of this state, but private counsel may be employed by the defendant.
Mont. Code Ann. § 10-1-1007 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1007
10-1-1007 Right to return to employment without loss of benefits -- exceptions -- definition
Status: in_force

10-1-1007 . Right to return to employment without loss of benefits -- exceptions -- definition. (1) Subject to the provisions of this section, after a leave of absence for state military duty, a member is entitled to return to employment with the same seniority, status, pay, health insurance, pension, and other benefits as the member would have accrued if the member had not been absent for the state military duty.

(2) (a) If a member was a probationary employee when ordered to state military duty, the employer may require the member to resume the member's probationary period from the date when the member's leave of absence for state military duty began.

(b) An employer may decide whether or not to authorize the member to accrue sick leave, vacation leave, military leave, or other leave benefits during the member's leave of absence for state military duty. However, the member may not be provided with lesser leave accrual benefits than are provided to all other employees of the employer in a similar but nonmilitary leave status.

(c) (i) An employer's health plan must provide that:

(A) a member may elect to not remain covered under the employer's health plan while the member is on state military duty but that when the member returns, the member may resume coverage under the plan without the plan considering the employee to have incurred a break in service; and

(B) a member may elect to remain on the employer's health plan while the member is on state military duty without being required to pay more than the regular employee share of the premium, except as provided in subsection (2)(c)(ii).

(ii) If a member's state military duty qualifies the member for coverage under the state of Montana's health insurance plan as an employee of the department of military affairs, the employer's health plan may require the member to pay up to 102% of the full premium for continued coverage.

(iii) A health insurance plan covering an employee who is a member serving on state military duty is not required to cover any illness or injury caused or aggravated by state military duty.

(iv) If the member is a state employee prior to being ordered to state military duty, the member does not become qualified as an employee of the department of military affairs for the purposes of health plan coverage until the member's state military duty qualifies the member to be considered an employee of the department of military affairs pursuant to 2-18-701 .

(d) An employer's pension plan must provide that when a member returns to employment from state military duty:

(i) the member's period of state military duty may constitute service with the employer or employers maintaining the plan for the purposes of determining the nonforfeitability of the member's accrued benefits and for the purposes of determining the accrual of benefits under the plan; and

(ii) if the member elects to receive credit and makes the contributions required to accrue the pension benefits that the member would have accrued if the member had not been absent for the state military duty, then the employer shall pay the amount of the employer contribution that would have been made for the member if the member had not been absent.

(e) An employer is not obligated to allow the member to return to employment after the member's absence for state military duty if:

(i) the member is no longer qualified to perform the duties of the position, subject to the provisions of 49-2-303 prohibiting employment discrimination because of a physical or mental disability;

(ii) the member's position was temporary and the temporary employment period has expired;

(iii) the member's request to return to employment was not done in a timely manner;

(iv) the employer's circumstances have changed so significantly that the member's continued employment with the employer cannot reasonably be expected;

(v) the member's return to employment would cause the employer an undue hardship;

(vi) the member did not inform the employer at the time of hire that the member was a member of the state's organized militia or the national guard of another state; or

(vii) the member enlisted in the state's organized militia or another state's national guard during the course of employment with the employer and did not inform the employer of the enlistment.

(3) (a) For the purposes of this section and except as provided in subsection (3)(b), "timely manner" means:

(i) for state military duty of up to 30 days, the member returned to employment the next regular work shift following safe travel time plus 8 hours;

(ii) for state military duty of 30 days to 180 days, the member returned to employment within 14 days of termination of state military duty; and

(iii) for state military duty of more than 180 days, the member returned to employment within 90 days of termination of the state military duty.

(b) If there are extenuating circumstances that preclude the member from returning to employment within the time period provided in subsection (3)(a) through no fault of the member, then for the purposes of this section "timely manner" means within the time period specified by the adjutant general provided for in 2-15-1202 .
Mont. Code Ann. § 10-4-314 — MT Code / Title 10 / Chapter 4 / Part 3 / Section 10-4-314
10-4-314 Terminated
Status: in_force

10-4-314 . Terminated. Secs. 14, 18, Ch. 172, L. 2019.
Mont. Code Ann. § 10-4-308 — MT Code / Title 10 / Chapter 4 / Part 3 / Section 10-4-308
10-4-308 Terminated
Status: in_force

10-4-308 . Terminated. Secs. 14, 18, Ch. 172, L. 2019.
Mont. Code Ann. § 10-2-111 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-111
10-2-111 Disposal of unclaimed veterans' remains -- limits on liability of mortuaries and veterans' service organizations -- notice -- definitions
Status: in_force

10-2-111 . Disposal of unclaimed veterans' remains -- limits on liability of mortuaries and veterans' service organizations -- notice -- definitions. (1) A mortuary is not liable for simple negligence in the disposition of the human remains or cremated remains of a veteran to a veterans' service organization for the purposes of interment by that organization if the mortuary complies with the provisions of this section.

(2) Except as provided in subsection (4)(b), the immunity provided in subsection (1) applies if a mortuary, alone or in conjunction with a veterans' service organization, seeks to provide notice to the next of kin of the deceased veteran:

(a) by written notice by mail to the next of kin of the veteran for whom the address of the next of kin is known or can reasonably be ascertained by the mortuary giving the notice; or

(b) if the address of the next of kin is not known or cannot reasonably be ascertained, by publication once each week for 3 successive weeks in a newspaper of general circulation:

(i) in the county of the veteran's residence; or

(ii) if the residence of the veteran is unknown, in the county in which the veteran died; or

(iii) if the county in which the veteran died is unknown, in the county in which the mortuary giving notice is located.

(3) The notice required by subsection (2) must include a statement to the effect that the remains of the veteran must be claimed by the veteran's next of kin within 6 months of the date of the first notice under subsection (2) and that, if the remains are not claimed within that time, the remains may be given to a veterans' service organization for interment.

(4) (a) A mortuary shall hold the unclaimed remains of a veteran for at least 6 months unless a nonprofit organization for veterans or a state or federal agency verifies in a writing provided to the mortuary that there are no surviving family members to claim the remains.

(b) If a nonprofit organization for veterans or a state or federal agency verifies in a writing provided to the mortuary that there are no surviving family members to claim the remains, the mortuary is not required to provide notice under subsection (2) and the mortuary is immediately covered by the protections in subsection (1).

(c) After retaining the unclaimed remains of a veteran for at least 6 months or after verification by a nonprofit organization for veterans or a state or federal agency that there are no surviving family members to claim the remains, the mortuary may release the remains to a veterans' service organization for interment.

(5) A veterans' service organization receiving human remains or cremated remains of a veteran from a mortuary for the purposes of interment is not liable for simple negligence in the custody or interment of the remains if the veterans' service organization inters and does not scatter the remains and does not know and has no reason to know that the mortuary has not complied with the notice requirements of subsection (2)(a) or (2)(b), as applicable.

(6) By accepting the remains of a veteran for interment, a veterans' service organization does not agree to pay storage or other charges applied by the mortuary for the keeping or preservation of the remains.

(7) A veterans' service organization accepting remains pursuant to this section shall take all reasonable steps to inter the remains in a veterans' cemetery. However, the organization is not liable for any additional expense for interment in a veterans' cemetery and interment in a veterans' cemetery is not a condition for immunity under this section.

(8) (a) As used in this section, the following definitions apply:

(i) "Mortuary" includes a mortuary as defined in 37-19-101 , a funeral home, a mortician, or an employee of a mortuary, a funeral home, or a mortician.

(ii) "Veterans' service organization" means an association or other entity organized for the benefit of veterans that has been recognized or chartered by the United States congress, including the disabled American veterans, veterans of foreign wars, the American legion, the legion of honor, and the Vietnam veterans of America. The term includes a member or employee of any of those associations or entities.

(b) Terms not defined in this subsection (8) have the meaning provided in 37-19-101 .
Mont. Code Ann. § 10-4-202 — MT Code / Title 10 / Chapter 4 / Part 2 / Section 10-4-202
10-4-202 Exemptions from fees imposed
Status: in_force

10-4-202 . Exemptions from fees imposed. The fees imposed by 10-4-201 do not apply to:

(1) services that the state is prohibited from taxing under the constitution or laws of the United States or the constitution or laws of the state of Montana; or

(2) amounts paid by depositing coins in a public telephone.
Mont. Code Ann. § 10-4-101 — MT Code / Title 10 / Chapter 4 / Part 1 / Section 10-4-101
10-4-101 Definitions
Status: in_force

10-4-101 . Definitions. As used in this chapter, unless the context requires otherwise, the following definitions apply:

(1) "9-1-1 system" means telecommunications facilities, circuits, equipment, devices, software, and associated contracted services for the transmission of emergency communications. A 9-1-1 system includes the transmission of emergency communications:

(a) from persons requesting emergency services to a primary public safety answering point and communications systems for the direct dispatch, relay, and transfer of emergency communications; and

(b) to or from a public safety answering point to or from emergency service units.

(2) "Access line" means a voice service of a provider of exchange access services, a wireless provider, or a provider of interconnected voice over IP service that has enabled and activated service for its subscriber to contact a public safety answering point via a 9-1-1 system by entering or dialing the digits 9-1-1. When the service has the capacity, as enabled and activated by a provider, to make more than one simultaneous outbound 9-1-1 call, then each separate simultaneous outbound call, voice channel, or other capacity constitutes a separate access line.

(3) "Commercial mobile radio service" means:

(a) a mobile service that is:

(i) provided for profit with the intent of receiving compensation or monetary gain;

(ii) an interconnected service; and

(iii) available to the public or to classes of eligible users so as to be effectively available to a substantial portion of the public; or

(b) a mobile service that is the functional equivalent of a mobile service described in subsection (3)(a).

(4) "Department" means the department of justice provided for in Title 2, chapter 15, part 20.

(5) "Emergency communications" means any form of communication requesting any type of emergency services by contacting a public safety answering point through a 9-1-1 system, including voice, nonvoice, or video communications, as well as transmission of any text message or analog digital data.

(6) "Emergency services" means services provided by a public or private safety agency, including law enforcement, firefighting, ambulance or medical services, and civil defense services.

(7) "Exchange access services" means:

(a) telephone exchange access lines or channels that provide local access from the premises of a subscriber in this state to the local telecommunications network to effect the transfer of information; and

(b) unless a separate tariff rate is charged for the exchange access lines or channels, a facility or service provided in connection with the services described in subsection (7)(a).

(8) "Interconnected voice over IP service" means a service that:

(a) enables real-time, two-way voice communications;

(b) requires a broadband connection from a user's location;

(c) requires IP-compatible customer premises equipment; and

(d) permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.

(9) "IP" means internet protocol, or the method by which data are sent on the internet, or a communications protocol for computers connected to a network, especially the internet.

(10) "Local government" has the meaning provided in 7-11-1002 .

(11) "Next-generation 9-1-1" means a system composed of hardware, software, data, and operational policies and procedures that:

(a) provides standardized interfaces from call and message services;

(b) processes all types of emergency calls, including nonvoice or multimedia messages;

(c) acquires and integrates additional data useful to emergency communications;

(d) delivers the emergency communications or messages, or both, and data to the appropriate public safety answering point and other appropriate emergency entities;

(e) supports data and communications needs for coordinated incident response and management; and

(f) provides a secure environment for emergency communications.

(12) "Originating service provider" means an entity that provides capability for a retail customer to initiate emergency communications.

(13) "Per capita basis" means a calculation made to allocate a monetary amount for each person residing within the jurisdictional boundary of a county according to the most recent decennial census compiled by the United States bureau of the census.

(14) "Prepaid wireless service" means a commercial mobile radio service that:

(a) allows a subscriber to use a 9-1-1 system to engage in emergency communications; and

(b) is paid for in advance and sold in predetermined units or dollars of which the number declines with use in a known amount, including prepaid wireless phone cards, recharge or refill authorization codes, and prepaid cell phones or other prepaid wireless devices preloaded with airtime minutes.

(15) "Private safety agency" means an entity, except a public safety agency, providing emergency fire, ambulance, or medical services.

(16) "Provider" means a public utility, a cooperative telephone company, a wireless provider, a provider of interconnected voice over IP service, a provider of exchange access services, or any other entity that provides access lines.

(17) "Public safety agency" means a functional division of a local or tribal government or the state that dispatches or provides law enforcement, firefighting, or emergency medical services or other emergency services.

(18) "Public safety answering point" means a communications facility operated on a 24-hour basis that first receives emergency communications from persons requesting emergency services and that may, as appropriate, directly dispatch emergency services or transfer or relay the emergency communications to appropriate public safety agencies.

(19) "Relay" means a 9-1-1 service in which a public safety answering point, upon receipt of a telephone request for emergency services, notes the pertinent information from the caller and relays the information to the appropriate public safety agency, other agencies, or other providers of emergency services for dispatch of an emergency unit.

(20) "Seller" means a person who owns or operates a business that sells prepaid wireless services directly to a subscriber.

(21) "Subscriber" means:

(a) an end user who has an access line or who contracts with a wireless provider for commercial mobile radio services; or

(b) a customer who purchases prepaid wireless services from a seller in a transaction.

(22) "Transaction" means the purchase of prepaid wireless service from a seller for any purpose other than resale.

(23) "Transfer" means a service in which a public safety answering point, upon receipt of a telephone request for emergency services, directly transfers the request to an appropriate public safety agency or other emergency services provider.

(24) "Tribal government" has the meaning provided in 2-15-141 .

(25) "Wireless provider" means an entity that is authorized by the federal communications commission to provide facilities-based commercial mobile radio service within this state.
Mont. Code Ann. § 10-1-1021 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1021
10-1-1021 Court remedies
Status: in_force

10-1-1021 . Court remedies. (1) In a lawsuit initiated pursuant to this part, the court may provide one or more of the following remedies:

(a) require the employer to comply with the provisions of this part;

(b) require the employer to compensate the complainant for losses suffered by the complainant because of the employer's violation; or

(c) if the court finds that the employer's violation was done willfully, as defined in 1-1-204 , require the employer to pay treble the amount of compensation under subsection (1)(b) as liquidated damages and punitive damages.

(2) If the complainant is the prevailing party, the court may award reasonable attorney fees to the complainant.

(3) The court may use its full equity powers, including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights or benefits of a person under this part.
Mont. Code Ann. § 10-3-606 — MT Code / Title 10 / Chapter 3 / Part 6 / Section 10-3-606
10-3-606 Quorum requirement
Status: in_force

10-3-606 . Quorum requirement. If, following an enemy attack, the legislature or any state or local government council, board, or commission is unable to assemble a quorum as defined by the constitution of Montana or by statute, then those legislators or members of the council, board, or commission available for duty shall constitute the legislature, board, or commission and quorum requirements shall be suspended. Where the affirmative vote of a specified proportion of members for the approval of any action would otherwise be required, the same proportion of those voting thereon shall be sufficient.
Mont. Code Ann. § 10-4-204 — MT Code / Title 10 / Chapter 4 / Part 2 / Section 10-4-204
10-4-204 Deadlines for filing returns
Status: in_force

10-4-204 . Deadlines for filing returns. (1) The provider or seller collecting the fee under 10-4-201 shall file a return with the department of revenue on or before the last day of the month following the end of each calendar quarter, reporting the amount of fee due on access lines or the amount charged for the prepaid wireless fee during the quarter. Returns are subject to the penalty for false swearing provided in 45-7-202 .

(2) When a return of the fee is required, the provider or seller required to make the return shall pay the fee due the department of revenue at the time fixed for filing the return.

(3) The provider or seller shall pay the fee based on the net amount billed for the access line fee or the amount charged for the prepaid wireless fee during the quarter.

(4) As used in this section, the "net amount billed for the access line fee" and the "amount charged for the prepaid wireless fee" equals the gross amount billed or charged for the service, less deductions made in accordance with 10-4-213 (2), adjustments for uncollectible accounts, refunds, incorrect billings, and other appropriate adjustments.
Mont. Code Ann. § 10-3-507 — MT Code / Title 10 / Chapter 3 / Part 5 / Section 10-3-507
10-3-507 Penalty for violation of rules
Status: in_force

10-3-507 . Penalty for violation of rules. A person violating any of the rules or orders adopted and promulgated under 10-3-505 shall upon conviction be subject to a fine not to exceed $10,000 or to a term of imprisonment not to exceed 5 years, or both.
Mont. Code Ann. § 10-3-303 — MT Code / Title 10 / Chapter 3 / Part 3 / Section 10-3-303
10-3-303 Declaration of emergency or disaster -- effect and termination
Status: in_force

10-3-303 . Declaration of emergency or disaster -- effect and termination. (1) A state of emergency may be declared by the governor when the governor determines that an emergency as defined in 10-3-103 exists. A state of disaster may be declared by the governor when the governor determines that a disaster, as defined in 10-3-103 , has occurred. The governor may not declare another state of emergency or disaster based on the same or substantially similar facts and circumstances without legislative approval.

(2) (a) An executive order or proclamation of a state of emergency activates the emergency response and disaster preparation aspects of the state disaster and emergency plan.

(b) An executive order or proclamation of a state of disaster activates the disaster response and recovery aspects of the state disaster and emergency plan.

(c) Both the disaster preparation aspects and disaster response and recovery aspects of the plans in subsections (2)(a) and (2)(b) are the programs applicable to the political subdivision or area and are authority for the deployment and use of any forces to which the plans apply and for the distribution and use of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to parts 1 through 4 of this chapter or any other provision of law pertaining to disaster and disaster-related emergencies. An executive order or proclamation may authorize the practice of disaster medicine. The provisions of 10-3-110 do not apply to the state of emergency or disaster unless the order or proclamation includes a provision authorizing the practice of disaster medicine.

(3) (a) Except as provided in subsection (3)(b), a state of emergency or disaster may not continue for longer than 45 days unless continuing conditions of the state of emergency or disaster exist, which must be determined through a poll of the legislature as provided in 10-3-122 or by the declaration of the legislature by joint resolution of continuing conditions of the state of emergency or disaster.

(b) A state of emergency or disaster may continue for a drought, an earthquake, flooding, or a wildfire as long as continuing conditions of the state of emergency or disaster exist unless terminated by the declaration of the legislature by joint resolution of termination of the state of emergency or disaster.

(4) The governor shall terminate a state of emergency or disaster when:

(a) the emergency or disaster has passed;

(b) the emergency or disaster has been dealt with to the extent that emergency or disaster conditions no longer exist; or

(c) at any time the legislature terminates the state of emergency or disaster by joint resolution. However, after termination of the state of emergency or disaster, disaster and emergency services required as a result of the emergency or disaster may continue.

(5) The legislature may, by joint resolution in a regular or special session:

(a) terminate a state of emergency or disaster as provided in subsection (4)(c);

(b) extend a state of disaster;

(c) provide conditions or limits on the governor's actions taken pursuant to 10-3-104 ; and

(d) approve or disapprove the continuation of any executive order, proclamation, or regulation that was enacted based on a state of emergency or disaster.
Mont. Code Ann. § 10-2-703 — MT Code / Title 10 / Chapter 2 / Part 7 / Section 10-2-703
10-2-703 Principal of trust fund inviolate -- investment -- use of income -- corporate trustee compensation -- surplus
Status: in_force

10-2-703 . Principal of trust fund inviolate -- investment -- use of income -- corporate trustee compensation -- surplus. (1) The principal of the trust fund must remain intact and inviolate.

(2) The principal of the trust fund must be invested in a manner in which public employees' retirement funds are permitted to be invested in the state of Montana as prescribed by 17-6-201 . Investment is subject to the approval of the district court judge.

(3) The income received from investment of the principal must be used for the care, maintenance, and improvement of the memorial monument and for compensation of the corporate trustee.

(4) The corporate trustee of the trust fund shall receive compensation as determined by the district court judge.

(5) In the event that the income from the trust fund is not needed in its entirety for the purposes in subsection (3), the surplus must be added to the principal of the trust fund.
Mont. Code Ann. § 10-3-123 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-123
10-3-123 Claim or defense against state action -- remedies -- limitations
Status: in_force

10-3-123 . Claim or defense against state action -- remedies -- limitations. (1) A religious organization may assert a violation of 10-3-102 or 10-3-124 as a claim against a state, local, or interjurisdictional agency or public official in any judicial or administrative proceeding or as a defense in any judicial proceeding.

(2) In any civil action based on this section, the court may grant:

(a) declaratory relief;

(b) injunctive relief;

(c) compensatory damages for pecuniary and nonpecuniary losses;

(d) reasonable attorney fees and costs; and

(e) any other appropriate relief.

(3) A religious organization may not bring an action to assert a claim under this section later than 2 years after the date that it knew or could have known that a discriminatory action or other violation occurred.
Mont. Code Ann. § 10-2-105 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-105
10-2-105 Extra compensation for service forbidden
Status: in_force

10-2-105 . Extra compensation for service forbidden. A member or employee of the board may not accept, receive, or charge any money or thing of value for the performance of any service rendered to any veteran or the veteran's dependents, at any time or in any manner, other than the compensation allowed by law. A person who violates this section is guilty of a misdemeanor.
Mont. Code Ann. § 10-1-208 — MT Code / Title 10 / Chapter 1 / Part 2 / Section 10-1-208
10-1-208 Officer need not vacate civil office
Status: in_force

10-1-208 . Officer need not vacate civil office. A person may be an officer in the militia or in a reserve component of the armed forces of the United States without vacating a civil office or position in this state.
Mont. Code Ann. § 10-3-405 — MT Code / Title 10 / Chapter 3 / Part 4 / Section 10-3-405
10-3-405 Levying emergency tax -- disposition of surplus
Status: in_force

10-3-405 . Levying emergency tax -- disposition of surplus. (1) The governing body of the city or town or the governing body of the county, or both, shall estimate expenditures and levy an emergency millage to cover the expenditures. The millage levied by the governing body of the city or town shall not exceed 2 mills on the municipality's taxable valuation. The millage levied by the governing body of the county shall not exceed 2 mills on the taxable valuation of the county outside the municipalities.

(2) No expenditure of revenue received from the millage shall be made without approval of the appropriate levying body.

(3) An additional levy or levies may be made by the appropriate levying body, providing that the sum of the levies for emergencies as set forth in this section shall not exceed 2 mills in any one year.

(4) All levies under this section may be passed only by a unanimous vote of the appropriate body.

(5) Funds levied for an emergency and remaining when no further expenditures are necessary shall remain in a separate emergency fund and shall be used only for expenditures arising from future emergencies.
Mont. Code Ann. § 10-3-904 — MT Code / Title 10 / Chapter 3 / Part 9 / Section 10-3-904
10-3-904 Montana intrastate mutual aid committee -- members -- officers -- meetings -- compensation
Status: in_force

10-3-904 . Montana intrastate mutual aid committee -- members -- officers -- meetings -- compensation. (1) There is a Montana intrastate mutual aid committee.

(2) All members of the committee must be appointed by and serve at the pleasure of the division as established in 10-3-105 .

(3) The committee shall elect from among its members a presiding officer, a vice presiding officer, and any other officers considered necessary or advisable by the committee.

(4) The committee shall meet at least annually and may meet at the call of the presiding officer or as otherwise considered necessary or advisable by two-thirds of the members.

(5) Members of the committee are not entitled to compensation or to reimbursement for expenses incurred for serving on or participating in the activities of the committee. This subsection does not preclude a member jurisdiction from compensating or reimbursing the expenses of a committee member.
Mont. Code Ann. § 10-1-1008 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1008
10-1-1008 Leave of absence for elected officials -- restoration to office
Status: in_force

10-1-1008 . Leave of absence for elected officials -- restoration to office. (1) If an elected official is ordered to military service, the official is entitled to a leave of absence for the duration of the military service.

(2) An elected official's leave of absence pursuant to this section does not create a vacancy in office or require the official to forfeit the office.

(3) If an acting official is appointed pursuant to 10-1-1010 , the leave of absence must be without pay.

(4) An elected official ordered to military service is entitled to the employment rights and benefits that would be provided to any other employee under the official's employer if the employee were on a leave of absence subject to the provisions of this part.

(5) Upon returning from a leave of absence for military service, if an acting official was appointed pursuant to 10-1-1010 , the returning elected official is entitled to be restored to office for the official's unexpired term immediately upon the official's request after being released from the military service.
Mont. Code Ann. § 10-1-506 — MT Code / Title 10 / Chapter 1 / Part 5 / Section 10-1-506
10-1-506 Benefits for national guard performing state military duty
Status: in_force

10-1-506 . Benefits for national guard performing state military duty. (1) A member of the army national guard or air national guard who suffers a covered injury or illness while serving on state military duty, as defined in 10-1-1003 , is entitled to worker's compensation in the same manner as any other employee of the state.

(2) A member of the army national guard or air national guard who, as a result of an injury suffered while serving on state military duty, is temporarily unable to return to the civilian trade or business performed immediately before entering state military duty is entitled to a monthly payment from the department in an amount that is equivalent to the difference between the gross workers' compensation benefits received for the injury and the pay and allowances of the member provided by 10-1-502 . Entitlement to this payment is personal to the member and terminates upon termination of workers' compensation benefits.

(3) A member of the army national guard or air national guard who, as a result of an injury suffered while serving on state military duty, is permanently disabled is entitled to a monthly payment from the department in an amount equal to the difference between the gross workers' compensation benefits received for the injury and the amount that would be paid to a similarly situated member of the armed forces of the United States for the same injury if it was incurred in the line of duty.

(4) A member of the army national guard or air national guard is not entitled to any benefits under this section unless the injury or illness occurred while serving on state military duty. For the purpose of this section, whether an injury or illness occurred while serving on state military duty as a member of the army national guard or air national guard must be determined using the regulations, policies, and procedures prescribed by the federal military services.

(5) Nothing in this section may be construed to prejudice or limit the provision of any other rights or benefits to which the injured member is entitled. The benefits authorized by this section are in addition to any workers' compensation benefits to which a member of the army national guard or air national guard would otherwise be entitled.

(6) The department may use funds appropriated under 10-3-312 to pay benefits provided under this section.

(7) The department may adopt rules necessary to implementing this section.
Mont. Code Ann. § 10-1-108 — MT Code / Title 10 / Chapter 1 / Part 1 / Section 10-1-108
10-1-108 Armories -- acquisition and sale -- proceeds -- account -- utilities easements
Status: in_force

10-1-108 . Armories -- acquisition and sale -- proceeds -- account -- utilities easements. (1) A county, city, or town may convey or lease real property to the state for armories or other military facilities.

(2) A county, city, or town in which a unit of the national guard is organized and regularly stationed may provide any part of the funds to build an armory. The armory must be of sufficient size and suitable for the drill of the unit.

(3) (a) There is a Montana national guard land purchase account in the state special revenue fund. If the state sells an armory, the money from the sale must be deposited in the account.

(b) Money in the account is statutorily appropriated, as provided in 17-7-502 , for the purposes described in subsection (4).

(c) Any interest and income accruing on the account must be deposited in the state general fund.

(4) Money in the account is expendable solely on the authorization of the governor and may be used for:

(a) preparations to purchase or the purchase of land necessary for the Montana national guard's mission;

(b) project design of construction projects allowed in subsection (4)(c); and

(c) construction of facilities necessary for the Montana national guard's mission subject to the provisions of the state long-range building program and 18-2-102 . Money in the account may not be expended for construction unless the balance of the account, after any proposed construction expenses are deducted, is at least $250,000.

(5) The department may accept the in-kind provision of services or materials, or both, as consideration equal to or exceeding the full market value of any utilities easement on real property used by the department for an armory or military facility.
Mont. Code Ann. § 10-2-902 — MT Code / Title 10 / Chapter 2 / Part 9 / Section 10-2-902
10-2-902 Montana veterans' affairs division to conduct study
Status: in_force

10-2-902 . Montana veterans' affairs division to conduct study. The staff of the Montana veterans' affairs division shall conduct the decennial veterans' long-term care needs study. The staff of the senior and long-term care division within the department of public health and human services shall provide support as needed.
Mont. Code Ann. § 10-2-806 — MT Code / Title 10 / Chapter 2 / Part 8 / Section 10-2-806
10-2-806 Joint resolution -- award provided
Status: in_force

10-2-806 . Joint resolution -- award provided. (1) During a regular legislative session, the department shall notify the president of the senate of the eligible service members for which a first medallion has been requested.

(2) The president of the senate shall request and introduce a joint resolution naming each eligible service member for which a first medallion has been requested. The resolution is exempt from any bill request limits established by legislative rule.

(3) If the joint resolution passes the legislature, the department shall send a copy of the signed joint resolution naming the eligible service member to the family member who has applied for and has been determined to be eligible to receive the medallion honoring and remembering that service member.
Mont. Code Ann. § 10-3-1204 — MT Code / Title 10 / Chapter 3 / Part 12 / Section 10-3-1204
10-3-1204 State emergency response commission -- members -- duties -- establishment of hazardous material incident response and hazardous material incident management teams
Status: in_force

10-3-1204 . State emergency response commission -- members -- duties -- establishment of hazardous material incident response and hazardous material incident management teams. (1) There is a state emergency response commission that is attached to the department for administrative purposes. The commission consists of 8 members appointed by the governor. The commission must include representatives of the department of environmental quality, the division, the department of transportation and the department of public health and human services, a tribal emergency response commission member, and three people with hazardous material emergency planning experience. Members of the commission serve terms of 4 years and may be reappointed. The members shall serve without compensation. The governor shall appoint the presiding officer.

(2) The commission shall implement the provisions of this part. The commission may approve regional hazardous material incident response teams to respond to hazardous material incidents. The members of the team must be certified in accordance with the plan.

(3) The commission may enter into written agreements with each entity or person providing equipment or services to the hazardous material incident response teams.

(4) The commission or its designee may direct that hazardous material incident response teams be available and respond, when requested by a local emergency response authority, to hazardous material incidents according to the plan.

(5) The commission may contract with persons to meet state emergency response needs for the hazardous material incident response teams.

(6) The commission may advise, consult, cooperate, and enter into agreements with agencies of the state and federal government, other states and their state agencies, cities, counties, tribal governments, and other persons concerned with emergency response and matters relating to and arising out of incidents.

(7) The commission may encourage, participate in, or conduct studies, investigations, training, research, and demonstrations for and with the hazardous material incident response teams, local emergency responders, and other interested persons.

(8) The commission may collect and disseminate information relating to emergency response to incidents.

(9) The commission may accept and administer grants, gifts, or other funds, conditional or otherwise, made to the state for emergency response activities provided for in this part.

(10) The commission may prepare, coordinate, implement, and update a plan that coordinates state and local emergency response authorities to respond to hazardous material incidents within the state. The plan must be consistent with this part. All state emergency response responsibilities relating to a hazardous material incident must be defined by the plan. The plan must be in accordance with and in support of the state disaster and emergency plan and program as provided in 10-3-301 .

(11) Except that the division shall designate local emergency planning districts and shall oversee the creation, annual local review, and exercise and revision of the local emergency operations plan as provided by state law, the commission has the powers and duties of a state emergency response commission under the federal Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11001, et seq., including:

(a) establishing procedures for receiving and processing public requests for information collected under the federal act;

(b) appointing local emergency planning committees for each district; and

(c) supervising the activities of the local emergency planning committees.

(12) The commission shall promulgate rules and procedures limited to cost recovery procedures, certification of hazardous material incident response team members, and deployment of the hazardous material incident response teams, which must be a part of the plan.

(13) All state agencies and institutions shall cooperate with the commission in the commission's efforts to carry out its duties under this part.
Mont. Code Ann. § 10-1-704 — MT Code / Title 10 / Chapter 1 / Part 7 / Section 10-1-704
10-1-704 Pay and allowances
Status: in_force

10-1-704 . Pay and allowances. An officer or member of the home guard on active duty in the service of this state shall receive the same pay and allowances as prescribed for officers and enlisted members of the militia under 10-1-502 .
Mont. Code Ann. § 10-3-204 — MT Code / Title 10 / Chapter 3 / Part 2 / Section 10-3-204
10-3-204 Intergovernmental arrangements
Status: in_force

10-3-204 . Intergovernmental arrangements. (1) This state enacts into law and enters into the interstate mutual aid compact with all states, as defined in the compact, that have enacted or enact the compact in the form substantially contained in 10-3-207 .

(2) The governor may enter into the compact with any state if the governor finds that joint action with the state is desirable in meeting common intergovernmental problems of emergency and disaster planning, prevention, response, and recovery.

(3) Subsections (1) and (2) may not be construed to limit previous or future entry of this state into the interstate mutual aid compact.

(4) All interstate mutual aid compacts and other interstate agreements dealing with disaster and emergency services must be reviewed and made current at intervals not to exceed 4 years.

(5) If a person holds a license, certificate, or other permit issued by any state or political subdivision of a state evidencing the meeting of qualifications for professional, mechanical, or other skills, the person may render aid involving that skill in this state to meet an emergency or disaster and this state shall give due recognition to the license, certificate, or other permit.

(6) When considered of mutual benefit, the governor may, subject to limitations of law, enter into intergovernmental arrangements with neighboring provinces of Canada for the purpose of exchanging disaster and emergency services.
Mont. Code Ann. § 10-1-1511 — MT Code / Title 10 / Chapter 1 / Part 15 / Section 10-1-1511
10-1-1511 Prior nonconforming uses
Status: in_force

10-1-1511 . Prior nonconforming uses. (1) All regulations adopted under this part must be reasonable and may not require the removal or alteration of any structure or require cessation or alteration of a use that is lawfully in existence when the regulations become effective. Those structures or uses must be treated as prior nonconforming structures or uses that may remain or continue.

(2) A nonconforming structure or use that is destroyed or substantially damaged by fire, flood, or other natural disaster may not be restored as a nonconforming structure or use unless a variance is issued by the appeals board provided for in 10-1-1514 or unless the restoration occurs within 24 months of the damage having occurred and the resulting structure or use occupies the same physical footprint and is used for the same purpose as the original nonconforming structure or use. A nonconforming structure or use is considered to be substantially damaged when 80% or more of a structure is damaged or destroyed.

(3) The regulations may require the owner of structures to permit the political subdivision, at its expense, to install, operate, and maintain the lights and markers necessary to warn pilots of the presence of a hazard in the vicinity of the military affected area.
Mont. Code Ann. § 10-1-1501 — MT Code / Title 10 / Chapter 1 / Part 15 / Section 10-1-1501
10-1-1501 Short title
Status: in_force

10-1-1501 . Short title. This part may be cited as the "Military Area Compatibility Act".
Mont. Code Ann. § 10-1-104 — MT Code / Title 10 / Chapter 1 / Part 1 / Section 10-1-104
10-1-104 Federal regulations to govern
Status: in_force

10-1-104 . Federal regulations to govern. (1) Federal laws and regulations, forms, precedents, and usages relating to and governing the armed forces of the United States and the national guard, as in effect on October 1, 2025, insofar as they are applicable and not inconsistent with the constitution and laws of this state or with a rule or regulation adopted pursuant to 10-1-105 , apply to and govern the national guard of this state, including all members on active duty within the state as active duty guard/reserve (AGR) personnel under Title 32 of the United States Code.

(2) The Uniform Code of Military Justice, as in effect on October 1, 2025, including the regulations, manuals, forms, precedents, and usages implementing, interpreting, and complementing the code, is adopted for use by the national guard of this state and applies, insofar as the code is not otherwise inconsistent with the constitution and laws of this state, including the regulations, manuals, forms, precedents, and usages implementing, interpreting, and complementing the constitution and laws of this state, or with a rule or regulation adopted pursuant to 10-1-105 , to the greatest extent practicable to govern the national guard of this state, including all members on active duty within the state as active duty guard/reserve (AGR) personnel under Title 32 of the United States Code when the members are serving other than in a federal capacity under Title 10 of the United States Code.
Mont. Code Ann. § 10-1-205 — MT Code / Title 10 / Chapter 1 / Part 2 / Section 10-1-205
10-1-205 Vacating commissions or warrants
Status: in_force

10-1-205 . Vacating commissions or warrants. The commission or warrant of an officer must be vacated:

(1) upon acceptance by the governor of the resignation of the officer; or

(2) by an order of the governor discharging the officer:

(a) for failure to maintain the officer's qualifications for federal recognition;

(b) upon the scheduled or actual termination or withdrawal of the officer's federal recognition when federal recognition is a prerequisite for continued service;

(c) upon a change in federal reserve status that makes the officer ineligible for continued assignment to a unit of the organized militia;

(d) for the officer's absence from duty without leave for more than 3 months;

(e) upon the recommendation of a board of examination or the sentence of a court-martial;

(f) upon conviction of a felony; or

(g) upon final sentencing to confinement in a federal or state penitentiary or correctional institution as defined in 45-2-101 .
Mont. Code Ann. § 10-1-1018 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1018
10-1-1018 Referral of complaint to state attorney general
Status: in_force

10-1-1018 . Referral of complaint to state attorney general. (1) A complaint that could not be successfully resolved pursuant to 10-1-1016 must be referred by the department to the state attorney general if the complainant requests the referral pursuant to 10-1-1016 (4).

(2) (a) Except as provided in subsection (2)(b), if the state attorney general is satisfied that the complaint has merit, the state attorney general may file a lawsuit on behalf of and act as an attorney for the complainant in seeking relief for the complainant.

(b) (i) Except as provided in subsection (2)(b)(ii), if the complaint is against a state agency, as defined in 2-15-102 , notwithstanding an arrangement for the provision of legal services to the agency by the department of justice, the agency shall provide or obtain counsel for the agency.

(ii) If the complaint is against the department of justice, the department of administration, notwithstanding an arrangement for the provision of legal services to the department of administration by the department of justice, shall provide or obtain counsel for the department of justice.

(3) If the state attorney general sues pursuant to this section, fees or court costs may not be assessed against the complainant.
Mont. Code Ann. § 10-2-1301 — MT Code / Title 10 / Chapter 2 / Part 13 / Section 10-2-1301
10-2-1301 Veteran status on driver's license and identification cards -- documentation -- rulemaking
Status: in_force

10-2-1301 . Veteran status on driver's license and identification cards -- documentation -- rulemaking. (1) Upon receipt of documentation confirming veteran status from a person who wishes to have that status indicated on a driver's license or identification card issued by the department of justice, the department shall verify the person's status as a veteran.

(2) When the person applies for, renews, or seeks replacement of a driver's license or identification card under Title 61, the person may request that veteran status be indicated on the driver's license or identification card.

(3) The department shall, in consultation with the department of justice, make rules necessary to carry out the provisions of this section.
Mont. Code Ann. § 10-1-904 — MT Code / Title 10 / Chapter 1 / Part 9 / Section 10-1-904
10-1-904 General relief from court actions
Status: in_force

10-1-904 . General relief from court actions. If a plaintiff or a defendant in any civil action, as described in Title 25, chapter 1, part 1, is a service member, the court may stay the proceedings if the service member or other person on the service member's behalf makes a request in writing to the court, unless the court determines on the record that the ability of the service member to pursue an action as a plaintiff or to conduct the defense as a defendant is not materially affected by the service member's military service.
Mont. Code Ann. § 10-1-1306 — MT Code / Title 10 / Chapter 1 / Part 13 / Section 10-1-1306
10-1-1306 Ineligibility for grants
Status: in_force

10-1-1306 . Ineligibility for grants. (1) (a) A member who at any time prior to the disbursement of grant money receives a punitive discharge pursuant to the federal Manual for Courts-Martial or an administrative discharge with service characterized as other than honorable conditions is ineligible for any grant under 10-1-1305 .

(b) A family member of a member described in subsection (1)(a) is ineligible for any grant under 10-1-1305 .

(2) (a) A member and a family member of the member are ineligible for status-based and needs-based grants under 10-1-1305 if the member holds a rank or pay grade, as those terms are used in Titles 10 and 37 of the United States Code, of:

(i) 0-4 (major or lieutenant commander) or higher if a commissioned officer; or

(ii) W-4 (chief warrant officer, W-4) or higher if a warrant officer.

(b) The determination of the member's pay grade must be made at the time of application for the grant.

(3) A member is ineligible for a casualty-based grant under 10-1-1305 if:

(a) the member's injury is the result of a self-inflicted wound, willful negligence by the member, or other misconduct by the member; or

(b) the injury occurs when the member is not in an authorized duty status.
Mont. Code Ann. § 10-4-108 — MT Code / Title 10 / Chapter 4 / Part 1 / Section 10-4-108
10-4-108 Rulemaking authority
Status: in_force

10-4-108 . Rulemaking authority. (1) The department shall adopt rules to implement the provisions of this chapter. The rules must include but are not limited to:

(a) distribution procedures for funding authorized in 10-4-305 (1);

(b) procedures for grant funding authorized in 10-4-306 . The rules for grant funding must include but are not limited to:

(i) eligibility requirements for entities applying for grants;

(ii) criteria for awarding grants; and

(iii) reporting procedures for grant recipients.

(c) postdisbursement activities by the department to monitor the use of funding by entities, including:

(i) reporting requirements; and

(ii) procedures for repayment of funds expended on activities determined not to meet eligibility requirements.

(2) The department shall adopt rules including but not limited to:

(a) technology standards, based on industry standards and a statewide 9-1-1 plan, to ensure that public safety answering points meet minimum 9-1-1 services levels; and

(b) baseline next-generation 9-1-1 principles to facilitate the appropriate deployment of baseline next-generation 9-1-1.

(3) (a) The department shall adopt rules for the allocation and distribution of funds in the account provided for in 10-4-304 (2)(a) in accordance with 10-4-305 to local and tribal government entities that host public safety answering points.

(b) The rules adopted for allocation must ensure that each local and tribal government entity that hosts a public safety answering point receives funding. The allocation must account for:

(i) historic allocations provided to a local or tribal government entity that hosts a public safety answering point;

(ii) the population of counties, cities, Indian reservations, or other government entities served by the public safety answering point;

(iii) population trends;

(iv) call volume of public safety answering points, when that data is available; and

(v) other factors determined by the department, in consultation with the 9-1-1 advisory council provided for in 10-4-105 , critical to the funding allocation.

(c) The department's allocation may not distribute funds in a manner that discourages public safety answering points from consolidating or combining.

(4) The department shall adopt rules in accordance with the Montana Administrative Procedure Act provided for in Title 2, chapter 4, to implement the provisions of this section.
Mont. Code Ann. § 10-3-304 — MT Code / Title 10 / Chapter 3 / Part 3 / Section 10-3-304
10-3-304 Dissemination
Status: in_force

10-3-304 . Dissemination. An executive order or proclamation issued under this part shall be disseminated promptly by means calculated to bring its contents to the attention of the general public. Unless the circumstances attendant upon the emergency or disaster prevent or impede it, the executive order or proclamation will be filed promptly with the division, the secretary of state, and clerk and recorders of the counties involved.
Mont. Code Ann. § 10-1-1502 — MT Code / Title 10 / Chapter 1 / Part 15 / Section 10-1-1502
10-1-1502 Legislative findings -- purpose
Status: in_force

10-1-1502 . Legislative findings -- purpose. The legislature finds and declares that:

(1) the ability of the United States military to train and operate effectively in Montana is crucial to the nation's defense;

(2) increasing development pressures in and around existing military facilities and training areas represent a potential threat to the continued viability of military missions in Montana;

(3) local governments should be empowered to implement land use policies designed to protect existing military missions from encroachment and encourage expansion of military missions in Montana; and

(4) it is the purpose of this part to promote public health, safety, and general welfare by the delineation of military affected areas and by granting local governments the ability to develop regulations to ensure that surrounding land uses are compatible with uses in military affected areas.
Mont. Code Ann. § 10-3-609 — MT Code / Title 10 / Chapter 3 / Part 6 / Section 10-3-609
10-3-609 Part inoperative upon convening of legislature
Status: in_force

10-3-609 . Part inoperative upon convening of legislature. The provisions of this part shall become inoperative at the time of the convening of the first legislature following the emergency which originally made such provisions operative.
Mont. Code Ann. § 10-1-302 — MT Code / Title 10 / Chapter 1 / Part 3 / Section 10-1-302
10-1-302 Oath of enlistment
Status: in_force

10-1-302 . Oath of enlistment. (1) Except when a comparable oath of enlistment is subscribed to under federal law or regulation, every person who enlists or reenlists shall take and subscribe to the following oath of enlistment:

"I hereby acknowledge to have voluntarily enlisted this .... day of .... in the .... of the United States and the state of Montana for a period of .... years under the conditions prescribed by law, unless sooner discharged by proper authority. And I do solemnly swear that I will bear true faith and allegiance to the United States of America and to the state of Montana, and that I will serve them honestly and faithfully against all their enemies, and that I will obey the orders of the president of the United States, the governor of the state of Montana, and the officers appointed over me."

(2) Any officer of the organized militia or any officer of the armed forces of the United States, detailed to duty with any component of the organized militia of this state, may administer the oath of enlistment to enlisted personnel.
Mont. Code Ann. § 10-2-103 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-103
10-2-103 Seal -- acknowledgments -- officers
Status: in_force

10-2-103 . Seal -- acknowledgments -- officers. (1) The board may provide for a seal.

(2) The members and employees of the board may take acknowledgments and depositions and administer oaths and affirmations in any matters connected with the affairs of the board or with the official duties of the members or employees of the board.

(3) The board shall select from its membership a presiding officer, a vice presiding officer, and a secretary.
Mont. Code Ann. § 10-4-214 — MT Code / Title 10 / Chapter 4 / Part 2 / Section 10-4-214
10-4-214 Prepaid wireless services -- liability
Status: in_force

10-4-214 . Prepaid wireless services -- liability. (1) The prepaid wireless 9-1-1 fee collected pursuant to 10-4-201 (1)(b) is the liability of the consumer and not of the seller, except that the seller is liable to remit the prepaid wireless 9-1-1 fee that the seller collects from consumers to the department of revenue in accordance with this chapter, including all fees that the seller collects when the amount of the fee is not separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller in accordance with 10-4-213 (1)(b).

(2) (a) A seller is not liable for damages to a person resulting from or incurred in connection with the provision of or failure to provide 9-1-1 or enhanced 9-1-1 service or for identifying or failing to identify the telephone number, address, location, or name associated with a person or device accessing or attempting to access 9-1-1 or enhanced 9-1-1 service.

(b) A seller is not liable for damages to a person resulting from or incurred in connection with the provision of any lawful assistance to any local government, state, or federal investigative or law enforcement officer in connection with any lawful investigation or other law enforcement activity by the local government, state, or federal investigative or law enforcement officer.

(3) The prepaid wireless 9-1-1 fee collected pursuant to 10-4-201 (1)(b) is the only 9-1-1 funding obligation imposed on prepaid wireless services in Montana, and no tax, fee, surcharge, or other charge may be imposed for 9-1-1 funding purposes with respect to the sale, purchase, use, or provision of prepaid wireless services.
Mont. Code Ann. § 10-2-702 — MT Code / Title 10 / Chapter 2 / Part 7 / Section 10-2-702
10-2-702 Procedure for appointment of corporate trustee -- term of office -- annual reporting requirement -- discharge for good cause
Status: in_force

10-2-702 . Procedure for appointment of corporate trustee -- term of office -- annual reporting requirement -- discharge for good cause. (1) Upon receipt of the articles of dissolution or a decree of dissolution of the nonprofit corporation that has established a permanent care and improvement trust fund for the care, maintenance, and improvement of the first special service force memorial monument, located in Helena, Montana, the secretary of state shall notify the first judicial district court that the appointment of a corporate trustee is necessary.

(2) The remaining trustees of the dissolved corporation shall make an accounting of the trust fund and present it to the district court judge.

(3) The remaining trustees of the dissolved corporation may nominate a trust company authorized to do business in Montana to be the corporate trustee of the trust fund.

(4) The district court judge may accept applications for corporate trustee from interested persons.

(5) The district court judge shall order appointment of a corporate trustee after consideration of the remaining trustees' nomination and the applications of any interested persons.

(6) The term of office for a corporate trustee is 5 years unless the corporate trustee leaves the state of Montana or is permanently removed from office by the district court judge for good cause shown.

(7) The corporate trustee shall annually, by September 1, or more often upon order of the district court, file in the office of the clerk of the district court of Lewis and Clark County a verified, detailed financial statement of:

(a) the principal assets;

(b) the income derived from investments;

(c) the amount of money expended and to whom for the care, maintenance, and improvement of the monument and related costs; and

(d) the amount of the corporate trustee's compensation during the preceding year.

(8) An interested party may apply to the district court for an order requiring the corporate trustee to make an accounting at any time.

(9) Upon receipt of the financial statement required in subsection (7), the district court judge may discharge the corporate trustee for good cause and may appoint another corporate trustee.
Mont. Code Ann. § 10-2-115 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-115
10-2-115 County and multicounty veterans' service offices
Status: in_force

10-2-115 . County and multicounty veterans' service offices. (1) A county may provide for a county veterans' service office to assist veterans and their families in filing benefit claims.

(2) The governing body of two or more counties may enter into a memorandum of understanding to establish a multicounty veterans' service office that operates under the same guidelines as a single-county office.

(3) Veterans' service officers assigned to county veterans' service offices must be trained, accredited, and supervised in accordance with applicable provisions of 38 CFR 14.629.

(4) A county may fund its veterans' service office as provided for in 15-10-425 or through other means provided by law.
Mont. Code Ann. § 10-1-1004 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1004
10-1-1004 Rights under federal law
Status: in_force

10-1-1004 . Rights under federal law. A person ordered to federally funded military duty is entitled to all of the employment and reemployment rights and benefits provided pursuant to the federal Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301, et seq., and other applicable federal law. The rights provided under the Uniformed Services Employment and Reemployment Rights Act of 1994 may be enforced in a lawsuit pursuant to this part.
Mont. Code Ann. § 10-3-1002 — MT Code / Title 10 / Chapter 3 / Part 10 / Section 10-3-1002
10-3-1002 Compact administrator
Status: in_force

10-3-1002 . Compact administrator. The administrator of the disaster and emergency services division of the department of military affairs is the administrator of the compact provided for in 10-3-1001 .
Mont. Code Ann. § 10-1-1009 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1009
10-1-1009 Paid military leave for public employees
Status: in_force

10-1-1009 . Paid military leave for public employees. (1) (a) An employee of the state or of any political subdivision, as defined in 2-9-101 , who is a member of the national guard of Montana or any other state or who is a member of the organized or unorganized reserve corps or military forces of the United States and who has been an employee for a period of at least 6 months must be given leave of absence with pay at a rate of 120 hours in a calendar year or academic year if applicable, for performing military service.

(b) The full 120 hours of leave provided for in subsection (1)(a) must be credited in full to an employee after 6 months of employment and in each successive calendar year, or academic year if applicable.

(2) Military leave may not be charged against the employee's annual vacation time.

(3) Unused military leave must be carried over to the next calendar year, or academic year if applicable, but may not exceed a total of 240 hours in any calendar or academic year.
Mont. Code Ann. § 10-3-104 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-104
10-3-104 General authority of governor
Status: in_force

10-3-104 . General authority of governor. (1) The legislature finds that the governor has broad authority to proclaim a state of emergency or disaster in the state and to exercise emergency powers during the emergency. The legislature intends to allow the governor to immediately respond during a proclaimed state of emergency or disaster, including through the issuance of executive orders, proclamations, and orders necessary to carry out the purpose of this chapter, and the ability to amend or rescind them. These executive orders, proclamations, and regulations have the force of law. Subject to legislative oversight, the governor is responsible for carrying out parts 1 through 4 of this chapter.

(2) In addition to any other powers conferred upon the governor by law, the governor may:

(a) except as provided in subsections (4) and (5), suspend the provisions of a regulatory statute prescribing the procedures for conduct of state business or orders or rules of any state agency if the strict compliance with the provisions of any statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency or disaster;

(b) direct and compel the evacuation of all or part of the population from an emergency or disaster area within the state if the governor considers this action necessary for the preservation of life or other disaster mitigation, response, or recovery;

(c) except as provided in subsection (4), control ingress and egress to and from an incident or emergency or disaster area, the movement of persons within the area, and the occupancy of premises within the area.

(3) Under this section, the governor may issue executive orders, proclamations, and regulations and amend and rescind them. All executive orders or proclamations declaring or terminating a state of emergency or disaster must indicate the nature of the emergency or disaster, the area threatened, and the conditions that have brought about the declaration or that make possible termination of the state of emergency or disaster.

(4) The governor may not suspend the provisions of any statute prescribing the procedures for an election or otherwise control the ingress and egress to a polling location without the consent of the legislature through the polling process provided in 10-3-121 or through a regular or special legislative session.

(5) The governor may not suspend a statute that affects the exercise of an individual's constitutional rights under the United States constitution or the Montana constitution, including 13-19-104 (3), even if the statute is otherwise considered a regulatory statute prescribing the procedures for conduct of state business.
Mont. Code Ann. § 10-3-1102 — MT Code / Title 10 / Chapter 3 / Part 11 / Section 10-3-1102
10-3-1102 Purpose
Status: in_force

10-3-1102 . Purpose. It is the purpose of this part to permit one or more fire protection services, emergency medical care providers, or local government subdivisions of this state to enter into mutual aid agreements, on the basis of mutual advantage, with one or more fire protection services, emergency medical care providers, or local government subdivisions of any other state or the United States in order to facilitate and coordinate efficient, cooperative efforts directed toward protection of life and property in areas transcending state boundaries that, due to geographic remoteness, population sparsity, and economic or other factors, are in need of those services.
Mont. Code Ann. § 10-3-1207 — MT Code / Title 10 / Chapter 3 / Part 12 / Section 10-3-1207
10-3-1207 Commission budget and expenditures
Status: in_force

10-3-1207 . Commission budget and expenditures. (1) The commission shall submit its budget to the division.

(2) The commission shall expend any funds appropriated to it in the following priority:

(a) reimbursement for the nonfederal cost share for approved projects for local emergency planning committee development, local hazardous material emergency response plan development, local hazardous material incident response teams, and regional hazardous material incident response teams under eligible federal grants; and

(b) any remaining funds to be used at the discretion of the commission for programs related to the plan.
Mont. Code Ann. § 10-3-122 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-122
10-3-122 Legislative poll -- continuation of state of emergency or disaster
Status: in_force

10-3-122 . Legislative poll -- continuation of state of emergency or disaster. (1) (a) When the legislature is not in session, the governor may, in writing, request the secretary of state to poll the members of the legislature to determine if a majority of the members of the house of representatives and a majority of the members of the senate are in favor of a legislative declaration affirming to extend a state of emergency or disaster under 10-3-303 or approving a proclamation of martial rule under 10-1-106 .

(b) The legislature may extend a state of emergency or disaster for up to an additional 45 days by using the polling provisions of this section. The governor may make additional requests to extend a state of emergency or disaster, and the legislature may extend a state of emergency or disaster for up to an additional 45 days per request.

(2) The request must:

(a) state the conditions warranting the poll; and

(b) contain a legislative declaration to extend the governor's power.

(3) Within 3 calendar days after receiving a request, the secretary of state shall send a ballot to all legislators by using any reasonable and reliable means, including electronic delivery, that contains:

(a) the legislative declaration subject to the vote; and

(b) the date by which legislators shall return the ballot, which may not be more than 7 calendar days after the date the ballots were sent.

(4) A legislator may cast and return a vote by delivering the ballot in person, by mailing, or by sending the ballot by facsimile transmission or electronic mail to the office of the secretary of state. A legislator may not change the legislator's vote after the ballot is received by the secretary of state. The secretary of state shall tally the votes within 1 working day after the date for return of the votes. If a majority of the members in each house vote to approve an extension of a state of emergency or disaster, the state of emergency or disaster continues based on the declaration that was sent with the ballot.

(5) A ballot that is not returned by the deadline established by the secretary of state is considered a vote against the declaration.
Mont. Code Ann. § 10-4-106 — MT Code / Title 10 / Chapter 4 / Part 1 / Section 10-4-106
10-4-106 9-1-1 advisory council duties -- consultation by department
Status: in_force

10-4-106 . 9-1-1 advisory council duties -- consultation by department. The 9-1-1 advisory council shall:

(1) advise the department in its duty to allocate and distribute 9-1-1 fees in accordance with 10-4-305 and to update the allocation and distribution in accordance with rules adopted pursuant to 10-4-108 (3);

(2) provide recommendations to the department in determining grants awarded in accordance with 10-4-306 ; and

(3) advise the department on significant matters concerning 9-1-1 systems development and 9-1-1 services in the state of Montana, including rulemaking.
Mont. Code Ann. § 10-1-102 — MT Code / Title 10 / Chapter 1 / Part 1 / Section 10-1-102
10-1-102 Powers and duties of department of military affairs
Status: in_force

10-1-102 . Powers and duties of department of military affairs. Under the direction of the governor, the department shall:

(1) keep a roster of all officers and enlisted persons of the militia of this state whether active, inactive, or retired;

(2) supervise, administer, and coordinate civil defense and disaster control activities;

(3) recruit, mobilize, administer, train, discipline, equip, and supply the organized militia;

(4) maintain the archives and keep the records and documents required by law or regulation to be filed with the United States department of defense;

(5) establish and maintain the headquarters required for the militia;

(6) exercise the powers vested in it and perform any other duty and function required of it by the governor and by federal and state laws and regulations.
Mont. Code Ann. § 10-3-506 — MT Code / Title 10 / Chapter 3 / Part 5 / Section 10-3-506
10-3-506 Judicial inquiry of proclamation
Status: in_force

10-3-506 . Judicial inquiry of proclamation. Every proclamation and the facts related in the proclamation issued under this part are subject to judicial inquiry by the state supreme court as to the existence of the facts underlying the issuance of the proclamation and whether the action was reasonable under the circumstances.
Mont. Code Ann. § 10-1-105 — MT Code / Title 10 / Chapter 1 / Part 1 / Section 10-1-105
10-1-105 Rules and regulations by governor and adjutant general
Status: in_force

10-1-105 . Rules and regulations by governor and adjutant general. (1) The governor may prescribe rules to carry out the functions and duties under this title and the constitution of this state.

(2) The adjutant general may adopt rules and regulations governing the armed forces of the state and to carry out the duties of the adjutant general and the duties of the department.
Mont. Code Ann. § 10-4-211 — MT Code / Title 10 / Chapter 4 / Part 2 / Section 10-4-211
10-4-211 Provider or seller required to hold fee in trust for state -- penalty and interest
Status: in_force

10-4-211 . Provider or seller required to hold fee in trust for state -- penalty and interest. (1) A provider or seller required to collect the fee imposed by 10-4-201 holds it in trust for the state of Montana and for the payment of the fees to the department of revenue in the manner and at the time provided by 10-4-204 .

(2) (a) If a provider or seller required to collect the fee fails to remit any amount held in trust for the state of Montana or if a subscriber, as defined in 10-4-101 (21)(a), fails to pay the fee on or before the last day of the month following the end of each calendar quarter, the department of revenue shall add to the amount of the delinquent fee, in addition to any other penalty provided by law, a penalty equal to 10% of the delinquent fee plus interest at the rate of 1% a month or fraction of a month computed on the amount of the delinquent fee plus any unpaid penalties and interest. Interest is computed from the date the fee is due until the date of payment.

(b) The department of revenue may waive the penalty if the provider or seller establishes that the failure to pay on time was due to reasonable cause and was not due to neglect.

(3) (a) When a deficiency is determined and the additional fee becomes final, the department of revenue shall mail a notice and demand for payment to the provider or seller. The fee is due and payable at the expiration of 10 days after the notice and demand were mailed. Interest on any deficiency assessment bears interest until paid, at the rate of 1% a month or fraction of a month, computed from the original due date of the return.

(b) If payment is not made within 10 days, the amount of the deficiency is considered delinquent. A 10% penalty must be added to the amount of the deficiency.

(4) The 10% penalty provided for in subsection (3)(b) may be waived by the department of revenue if the provider or seller establishes that the failure to pay the proper amount of fees was due to reasonable cause and was not due to neglect.

(5) The department of revenue may enforce collection by the issuance of a warrant for distraint for the collection of the delinquent amount and all penalties, interest, and collection charges accrued on the delinquent amount. The warrant is governed by the provisions of Title 15, chapter 1, part 7.