Mont. Code Ann. § 10-4-205 — MT Code / Title 10 / Chapter 4 / Part 2 / Section 10-4-205
10-4-205 Refund to provider or seller for excess payment of fee
Status: in_force

10-4-205 . Refund to provider or seller for excess payment of fee. If the amount paid by a provider or seller to the department of revenue exceeds the amount of fee owed, the department of revenue shall refund the amount of the excess payment, with interest on the excess payment at the rate of 0.5% a month or fraction of a month from the date of payment of the excess until the date of the refund. A refund may not be made to a provider or seller who fails to claim the refund within 5 years after the due date for filing of the return with respect to which the claim for refund relates.
Mont. Code Ann. § 10-1-606 — MT Code / Title 10 / Chapter 1 / Part 6 / Section 10-1-606
10-1-606 Suspension of property taxes for persons in military service
Status: in_force

10-1-606 . Suspension of property taxes for persons in military service. (1) All taxes, whether on real or personal property, due on property owned by a resident of Montana in the military service, as defined by section 511 of the Servicemembers Civil Relief Act, 50 App. U.S.C. 511, as amended, while serving outside of Montana must be suspended. Proceedings may not be taken for the collection of the taxes and penalties or interest may not accrue until 1 year after the cessation of hostilities or 1 year after the taxpayer is released from active duty. If the taxpayer was wounded, injured, or suffered a disease while serving in a combat zone or participating in a contingency operation as described in 10 U.S.C. 101(a)(13) that is serious enough to require hospitalization, proceedings may not be taken and penalties or interest may not accrue until 1 year after the taxpayer's release from the hospitalization.

(2) To obtain the benefits of this section, the qualified taxpayer or a co-owner of the property or agent of the taxpayer shall file with the treasurer of the county an affidavit stating that the person against whom the taxes are imposed is in military service. The affidavit must be filed on or before the time that taxes would become delinquent. The county treasurer shall record that the collection of the taxes is suspended because of the military service of the taxpayer. This section may not be construed to prevent the county treasurer from receiving payment of any taxes whenever offered.
Mont. Code Ann. § 10-3-1105 — MT Code / Title 10 / Chapter 3 / Part 11 / Section 10-3-1105
10-3-1105 Detailed content of agreement
Status: in_force

10-3-1105 . Detailed content of agreement. The agreement authorized by 10-3-1104 must specify the following:

(1) the purpose of the agreement;

(2) the precise organization, composition, and nature of any separate legal entity created by the agreement;

(3) the duration of the agreement;

(4) the manner of financing the agreement and establishing and maintaining a budget therefor;

(5) a provision for administering the agreement, which may include creation of a joint board responsible for such administration;

(6) the exact chain of command or delegation of authority to be followed by party emergency services acting under the provisions of the agreement;

(7) the manner of acquiring, holding, and disposing of real and personal property used in the agreement; and

(8) the method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination.
Mont. Code Ann. § 10-3-103 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-103
10-3-103 Definitions
Status: in_force

10-3-103 . Definitions. As used in parts 1 through 4 of this chapter, the following definitions apply:

(1) "All-hazard incident management assistance team" means a team that includes any combination of personnel representing local, state, or tribal entities that has been established by the division for the purpose of local incident management intended to mitigate the impacts of an incident prior to a disaster or emergency declaration.

(2) "Civil defense" means the nuclear preparedness functions and responsibilities of disaster and emergency services.

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

(4) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or artificial cause, including tornadoes, windstorms, snowstorms, wind-driven water, high water, floods, wave action, earthquakes, landslides, mudslides, volcanic action, fires, explosions, air or water contamination requiring emergency action to avert danger or damage, blight, droughts, infestations, riots, sabotage, hostile military or paramilitary action, disruption of state services, accidents involving radiation byproducts or other hazardous materials, outbreak of disease, bioterrorism, or incidents involving weapons of mass destruction.

(5) "Disaster and emergency services" means the preparation for and the carrying out of disaster and emergency functions and responsibilities, other than those for which military forces or other state or federal agencies are primarily responsible, to mitigate, prepare for, respond to, and recover from injury and damage resulting from emergencies or disasters.

(6) "Disaster medicine" means the provision of patient care by a health care provider during a disaster or emergency when the number of patients exceeds the capacity of normal medical resources, facilities, and personnel. Disaster medicine may include implementing patient care guidelines that depart from recognized nondisaster triage and standard treatment patient care guidelines determining the order of evacuation and treatment of persons needing care.

(7) "Division" means the division of disaster and emergency services of the department.

(8) "Emergency" means the imminent threat of a disaster causing immediate peril to life or property that timely action can avert or minimize.

(9) (a) "Incident" means an event or occurrence, caused by either an individual or by natural phenomena, requiring action by disaster and emergency services personnel to prevent or minimize loss of life or damage to property or natural resources. The term includes the imminent threat of an emergency.

(b) The term does not include a state of emergency or disaster declared by the governor pursuant to 10-3-303 .

(10) "Political subdivision" means any county, city, town, or other legally constituted unit of local government in this state.

(11) "Principal executive officer" means the mayor, presiding officer of the county commissioners, or other chief executive officer of a political subdivision.

(12) "Religious organization" means:

(a) a house of worship, including but not limited to churches, mosques, shrines, synagogues, and temples; or

(b) a religious group, association, educational institution, ministry, order, society, or similar entity, regardless of whether it is integrated or affiliated with a house of worship.

(13) "Religious services" means a meeting, gathering, or assembly of multiple persons organized by a religious organization for the purpose of worship, teaching, training, providing educational services, conducting religious rituals, or other activities that involve the exercise of religion.

(14) "Temporary housing" means unoccupied habitable dwellings, suitable rental housing, mobile homes, or other readily fabricated dwellings.

(15) "Tribal government" means the government of a federally recognized Indian tribe within the state of Montana.

(16) "Volunteer professional" means an individual with an active, unrestricted license to practice a profession under the provisions of Title 37, Title 50, or the laws of another state.
Mont. Code Ann. § 10-3-202 — MT Code / Title 10 / Chapter 3 / Part 2 / Section 10-3-202
10-3-202 Mutual aid -- cooperation
Status: in_force

10-3-202 . Mutual aid -- cooperation. (1) Political subdivisions and governmental fire agencies organized under Title 7, chapter 33, must be encouraged and assisted by the division to conclude mutual aid arrangements with other public and private agencies within this state or any other state or the United States pursuant to Title 10, chapter 3, part 11, for reciprocal aid and assistance in coping with incidents, emergencies, and disasters.

(2) In reviewing disaster and emergency plans and programs of political subdivisions, the division shall consider whether they contain adequate provisions for the reciprocal mutual aid.

(3) Local and interjurisdictional disaster and emergency agencies may assist in negotiation of reciprocal mutual aid agreements between the governor and the adjoining states (including foreign states or provinces) or political subdivisions of adjoining states and shall carry out arrangements of any of the agreements relating to the local and political subdivision.

(4) In providing assistance under parts 1 through 4 of this chapter, state departments and agencies shall cooperate to the fullest extent possible with each other and with local governments and relief agencies such as the American red cross. Parts 1 through 4 of this chapter do not list or in any way affect the responsibilities of the American red cross under its congressional charter.

(5) An incident commander shall provide copies of reports generated in response to the incident to any responding governmental fire agency or disaster or emergency agency that requests copies.
Mont. Code Ann. § 10-1-1015 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1015
10-1-1015 Procedure for filing complaint
Status: in_force

10-1-1015 . Procedure for filing complaint. (1) A person entitled to rights or benefits under this part and who claims that an employer has failed or is about to fail to comply with the provisions of this part may file a complaint with the department as provided in this section.

(2) A complaint under this section must be:

(a) filed within 15 days after the member discovered the actions or practice alleged to constitute an employer's failure or imminent failure to comply with the provisions of this part; and

(b) submitted in writing to the department in a manner prescribed by the department.

(3) The department shall, upon request, provide technical assistance to a person wishing to file a complaint pursuant to this section.
Mont. Code Ann. § 10-3-1215 — MT Code / Title 10 / Chapter 3 / Part 12 / Section 10-3-1215
10-3-1215 Deficiency warrants for reimbursement of response costs
Status: in_force

10-3-1215 . Deficiency warrants for reimbursement of response costs. (1) (a) The commission shall review all claims for reimbursement and make recommendations to the governor as to payment or nonpayment of the claims within 90 days of receipt. The governor may authorize the issuance of warrants to be paid from the environmental contingency account provided for in 75-1-1101 to the limit of the fund balance for the purpose of reimbursing reasonable and documented costs associated with emergency actions taken pursuant to this part.

(b) The costs of routine firefighting procedures are not reimbursable costs under this part.

(2) Reimbursement must be in accordance with the schedule defined in the plan.

(3) The decision of the governor is final and nonappealable.

(4) This section may not be construed to change or impair any right of recovery or subrogation arising under any other provision of law.
Mont. Code Ann. § 10-3-313 — MT Code / Title 10 / Chapter 3 / Part 3 / Section 10-3-313
10-3-313 Temporary housing for disaster victims -- site acquisition and preparation
Status: in_force

10-3-313 . Temporary housing for disaster victims -- site acquisition and preparation. (1) Whenever the governor has declared a state of emergency or state of disaster or the president has declared an emergency or a major disaster to exist in this state, the governor is authorized:

(a) to enter into purchase, lease, or other arrangements with any agency of the United States for temporary housing units to be occupied by emergency or disaster victims and to make the units available to any political subdivision of the state or to any tribal government;

(b) to assist any political subdivision of this state or any tribal government that is the locus of temporary housing for emergency or disaster victims to acquire sites necessary for temporary housing and to do all things required to prepare the site to receive and utilize temporary housing units by:

(i) advancing or lending funds available to the governor from any appropriation made for those purposes by the legislature or from any other source;

(ii) "passing through" funds made available for those purposes by any agency, public or private; or

(iii) becoming a copartner with the political subdivision or tribal government for the execution and performance of any temporary housing project for emergency or disaster victims;

(c) under regulations that the governor prescribes, to temporarily suspend or modify for not to exceed 60 days any state laws or regulations relating to public health, safety, zoning, or transportation, within or across the state, when by proclamation the governor declares the suspension or modification essential to provide temporary housing for emergency or disaster victims.

(2) Any political subdivision of this state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for emergency or disaster victims and to enter into whatever arrangements, including purchase of temporary housing units and payment of transportation charges, that are necessary to prepare or equip the sites to utilize the housing units.

(3) Parts 1 through 4 of this chapter may not be construed to limit the governor's authority to apply for, administer, and expend any grants, gifts, or payments in aid of emergency or disaster prevention, preparedness, response, or recovery.
Mont. Code Ann. § 10-1-111 — MT Code / Title 10 / Chapter 1 / Part 1 / Section 10-1-111
10-1-111 Immunity from liability
Status: in_force

10-1-111 . Immunity from liability. The state, an officer, employee, or agent of the state, or a member of the militia may not be held liable in a civil action for damages that result from an action that occurs while the officer, employee, agent, or member is considered an employee of the federal government under the Federal Tort Claims Act, 28 U.S.C. 2671, et seq.
Mont. Code Ann. § 10-3-1115 — MT Code / Title 10 / Chapter 3 / Part 11 / Section 10-3-1115
10-3-1115 Authorization to appropriate funds for purpose of agreement
Status: in_force

10-3-1115 . Authorization to appropriate funds for purpose of agreement. A fire protection service, emergency medical care provider, or local government subdivision of this state may appropriate funds for and may sell, lease, or otherwise supply material to any entity created for the purpose of performance of an agreement and may provide such personnel or services therefor as are within its authority to furnish.
Mont. Code Ann. § 10-1-701 — MT Code / Title 10 / Chapter 1 / Part 7 / Section 10-1-701
10-1-701 Home guard -- organization and composition
Status: in_force

10-1-701 . Home guard -- organization and composition. The home guard may be organized, maintained, and disbanded at the discretion of the governor, in accordance with federal law and regulation, when additional defense forces are needed in this state. The home guard shall be composed of officers assigned to it and any able-bodied citizen of this state who volunteers to serve in it. If additional persons are needed in the home guard, members of the unorganized militia shall serve if enrolled by draft or otherwise as provided by law and regulation.
Mont. Code Ann. § 10-3-901 — MT Code / Title 10 / Chapter 3 / Part 9 / Section 10-3-901
10-3-901 Short title
Status: in_force

10-3-901 . Short title. This part may be cited as the "Statewide Mutual Aid System Act".
Mont. Code Ann. § 10-3-1111 — MT Code / Title 10 / Chapter 3 / Part 11 / Section 10-3-1111
10-3-1111 Agreement not to relieve agency of duties
Status: in_force

10-3-1111 . Agreement not to relieve agency of duties. No agreement made under this part may relieve any fire protection service, emergency medical care provider, or local government subdivision of this state of a duty imposed upon it by law. Timely performance of such a duty by a joint board or other legal or administrative entity created by a mutual aid agreement may be offered in satisfaction of the duty.
Mont. Code Ann. § 10-4-109 — MT Code / Title 10 / Chapter 4 / Part 1 / Section 10-4-109
10-4-109 Local and tribal government entities and funding -- department delegation
Status: in_force

10-4-109 . Local and tribal government entities and funding -- department delegation. (1) After the department determines baseline next-generation 9-1-1 principles in accordance with rules adopted pursuant to 10-4-108 (2) and a statewide 9-1-1 plan, the department shall delegate implementation to local and tribal government entities that host public safety answering points.

(2) If the department determines through its monitoring process that a local or tribal government entity that hosts a public safety answering point is not using funds in the manner prescribed in this chapter or has failed to provide information required by the department, the department may, after notice and hearing, suspend payment to the local or tribal government entity. The local or tribal government entity is not eligible to receive funds until the department determines that the local or tribal government is complying with department requirements or has provided the requested information.
Mont. Code Ann. § 10-3-403 — MT Code / Title 10 / Chapter 3 / Part 4 / Section 10-3-403
10-3-403 Local disaster -- declaration and termination
Status: in_force

10-3-403 . Local disaster -- declaration and termination. (1) A disaster declaration may be issued by order or resolution whenever the principal executive officer determines a disaster is occurring or has occurred.

(2) A disaster declaration may be terminated when the principal executive officer determines that the disaster conditions no longer exist.
Mont. Code Ann. § 10-2-401 — MT Code / Title 10 / Chapter 2 / Part 4 / Section 10-2-401
10-2-401 Location and function of homes -- persons admitted
Status: in_force

10-2-401 . Location and function of homes -- persons admitted. The institutions at Columbia Falls, in eastern Montana, and in southwestern Montana are the Montana veterans' homes, and their primary function is to provide a home and subsistence for veterans. The department of public health and human services may also admit spouses or surviving spouses of veterans to the homes if space allows.
Mont. Code Ann. § 10-1-505 — MT Code / Title 10 / Chapter 1 / Part 5 / Section 10-1-505
10-1-505 State duty for special work -- definition
Status: in_force

10-1-505 . State duty for special work -- definition. (1) To fulfill the department's duties under 10-1-102 , the adjutant general as the department head under 2-15-1201 may use national guard resources and place Montana national guard personnel on state duty for special work.

(2) (a) For purposes of this section, "state duty for special work" means:

(i) any activity, such as administrative functions, exercises, training, coordination, or planning, that is conducted for the purposes of preparing the Montana national guard for active duty ordered by the governor under Article VI, section 13, of the Montana constitution;

(ii) cybersecurity training and operations, including but not limited to vulnerability assessments, situational awareness, investigation, analysis, and incident response; or

(iii) support operations of the youth challenge program.

(b) State duty for special work does not include active duty ordered by the governor under Article VI, section 13, of the Montana constitution.
Mont. Code Ann. § 10-4-203 — MT Code / Title 10 / Chapter 4 / Part 2 / Section 10-4-203
10-4-203 Provider and seller required to maintain record of collections
Status: in_force

10-4-203 . Provider and seller required to maintain record of collections. A provider or seller responsible for the collection of the fee imposed by 10-4-201 shall keep records, render statements, make returns, and comply with rules adopted by the department of revenue with respect to the fee. Whenever necessary in the judgment of the department of revenue, it may require the provider, seller, or subscriber, as defined in 10-4-101 (21)(a), to make returns, render statements, or keep records sufficient to show whether there is liability for the fee.
Mont. Code Ann. § 10-3-1214 — MT Code / Title 10 / Chapter 3 / Part 12 / Section 10-3-1214
10-3-1214 Right to reimbursement
Status: in_force

10-3-1214 . Right to reimbursement. (1) Hazardous material incident response team members may submit claims to the commission for reimbursement of documented costs incurred as a result of the team's response to an incident. Reimbursement for the costs may not exceed the duration of response.

(2) A party who is not a part of the hazardous material incident response team and is not liable under federal or state law may submit a claim to the commission for costs if the claim is associated with a request by the hazardous material incident response team or the commission.

(3) Claims for reimbursement must be submitted to the commission within 60 days after termination of the response to the incident for the state's determination of payment, if any.

(4) Reimbursement may be made only after the commission finds that the actions by the applicant were taken in response to an incident as defined in this part and only if adequate funds are available.
Mont. Code Ann. § 10-4-118 — MT Code / Title 10 / Chapter 4 / Part 1 / Section 10-4-118
10-4-118 Providing phone location information in emergency
Status: in_force

10-4-118 . Providing phone location information in emergency. (1) At the request of a law enforcement agency officer or employee or other agent of a public safety answering point on behalf of a law enforcement agency who is acting in the course of the official duties of the officer or agent, a commercial mobile service as defined in 47 U.S.C. 332 shall provide, subject to any limitations under applicable federal law, available phone location information of a telecommunications device without delay if the officer or agent asserts:

(a) that the device was used to place a 9-1-1 call requesting emergency assistance; or

(b) reasonable suspicion that the device is in the possession of an individual who is involved in an emergency situation that involves risk of death or serious physical harm.

(2) If a law enforcement agency officer or an employee or other agent of a public safety answering point acting on behalf of an officer submits a request for location information to a commercial mobile service under subsection (1), the law enforcement agency employing the officer shall maintain a record of the request that includes each of the following:

(a) the name of the officer or agent making the request or, in the case of a request made by an agent, the name of the officer on whose behalf the agent is acting;

(b) a description of the request that explains the need for disclosure of location information; or

(c) a declaration that disclosure of location information is needed based on the conditions described in subsection (1).

(3) A commercial mobile service may establish protocols by which the commercial mobile service voluntarily discloses phone location information.

(4) The department shall obtain direct contact information from all commercial mobile services authorized to do business in this state to facilitate a request from a law enforcement agency or a public safety answering point on behalf of a law enforcement agency for phone location information under this section. All commercial mobile services shall inform the department of any changes to their direct contact information. The department shall disseminate the direct contact information to each public safety answering point in this state.
Mont. Code Ann. § 10-3-312 — MT Code / Title 10 / Chapter 3 / Part 3 / Section 10-3-312
10-3-312 Maximum expenditure by governor -- appropriation
Status: in_force

10-3-312 . Maximum expenditure by governor -- appropriation. (1) Whenever a disaster or an emergency, including an energy emergency as defined in 90-4-302 or an invasive species emergency declared under 80-7-1013 , is declared by the governor, or a member of the army national guard or air national guard is entitled to benefits under 10-1-506 , there is statutorily appropriated to the office of the governor, as provided in 17-7-502 , and, subject to subsection (2), the governor is authorized to expend from the general fund an amount not to exceed $16 million in any biennium, minus any amount appropriated pursuant to 10-3-310 in the same biennium. The statutory appropriation in this subsection may be used by any state agency designated by the governor.

(2) In the event of the recovery of money expended under this section, the spending authority must be reinstated to a level reflecting the recovery.

(3) If a disaster is declared by the president of the United States, there is statutorily appropriated to the office of the governor, as provided in 17-7-502 , and the governor is authorized to expend from the general fund an amount not to exceed $500,000 during the biennium to meet the state's share of the individuals and households grant programs as provided in 42 U.S.C. 5174. The statutory appropriation in this subsection may be used by any state agency designated by the governor.

(4) At the end of each biennium, an amount equal to the unexpended and unencumbered balance of the $16 million statutory appropriation in subsection (1), minus any amount appropriated pursuant to 10-3-310 in the same biennium, must be transferred by the state treasurer from the state general fund to the fire suppression account provided for in 76-13-150 .
Mont. Code Ann. § 10-3-505 — MT Code / Title 10 / Chapter 3 / Part 5 / Section 10-3-505
10-3-505 Proclamation of emergency -- effect and termination
Status: in_force

10-3-505 . Proclamation of emergency -- effect and termination. (1) Following an attack, if the governor finds that action is necessary to deal with the danger to the public safety caused by the attack or to aid in the postattack recovery or rehabilitation of the United States or any part of the United States, the governor shall declare by proclamation the existence of a postattack recovery and rehabilitation emergency. A proclamation is ineffectual unless the legislature is then in session or the governor simultaneously issues an order convening the legislature in special session within 45 days.

(2) During the period when the proclamation issued under subsection (1) is in force or during the continuance of any emergency declared by the president of the United States or the congress calling for postattack recovery and rehabilitation activities, subject to the limitations set forth in this part and in a manner consistent with any rules or orders and policy guidance issued by the federal government, the governor may issue, amend, and enforce rules and orders to:

(a) control, restrict, and regulate, by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation, or other means, the use, sale, or distribution of food, feed, fuel, clothing and other commodities, materials, goods, or services;

(b) prescribe and direct activities in connection with but not limited to use, conservation, salvage, and prevention of waste of materials, services, and facilities, including production, transportation, power, and communication facilities, training and supply of labor, utilization of industrial plants, health and medical care, nutrition, housing, including the use of existing and private facilities, rehabilitation, education, welfare, child care, recreation, consumer protection, and other essential civil needs; and

(c) take other action that may be necessary for the management of resources following an attack.

(3) All rules and orders issued under authority conferred by this part have the effect of law during the continuance of a proclamation or declaration of emergency as contemplated by this section when a copy of the rule or order is filed in the office of the secretary of state or, if issued by a local or area official, when filed in the office or offices of the county clerk and recorder. If, by reason of destruction or disruption attendant upon or resulting from attack, the filing requirements of this subsection cannot be met, public notice by means that may be available must be considered a complete and sufficient substitute. All existing laws, ordinances, rules, and orders inconsistent with the provisions of this part or any rule or order issued under the authority of this part is inoperative during the period of time and to the extent that inconsistency exists.

(4) Any authority exercised under a proclamation of emergency contemplated by this section may be exercised with respect to the entire territory over which the governor or other official, as the case may be, has jurisdiction or to any specified part of the territory.

(5) The governor's power and authority to issue a proclamation following an attack must be terminated by the passage of a joint resolution of the legislature or by declaration of the termination of the emergency by the president or by the congress. However, the proclamation must terminate automatically 6 months after issuance and a similar proclamation may not be issued unless concurrence is given by a joint resolution of the legislature.
Mont. Code Ann. § 10-1-903 — MT Code / Title 10 / Chapter 1 / Part 9 / Section 10-1-903
10-1-903 Relief from actions related to mortgage, lease, or rental payments
Status: in_force

10-1-903 . Relief from actions related to mortgage, lease, or rental payments. (1) A civil action, as described in Title 25, chapter 1, part 1, against a service member or a service member's dependent with respect to the member's or dependent's primary residence for nonpayment on a mortgage, lease, or rental agreement may be stayed by a court, or the payments due may be adjusted.

(2) With respect to an action described in subsection (1), upon application or by its own action, a court may do one or more of the following:

(a) stay the action for up to 3 months unless, in the opinion of the court, the ability of the service member or the service member's dependent to make the required payments is not materially affected by the service member's active duty; or

(b) adjust the mortgage, lease, or rental payment to be made by an amount the court determines to be reasonable, taking into consideration the service member's active duty status; or

(c) order the service member or the service member's dependent to pay an amount specified by the court over the time period specified by the court upon the service member's release from active duty.
Mont. Code Ann. § 10-1-1514 — MT Code / Title 10 / Chapter 1 / Part 15 / Section 10-1-1514
10-1-1514 Appeals
Status: in_force

10-1-1514 . Appeals. (1) The governing body that designated the military affected area shall act as a military affected area appeals board or appoint a military affected area appeals board that functions in the same manner as a board of adjustment provided for in Title 76, chapter 2. If the governing body appoints a military affected area appeals board, the board must have at least three members.

(2) The provisions of 76-2-223 and 76-2-225 through 76-2-228 apply to the governing body of a county or a military affected area appeals board appointed by that governing body and the provisions of 76-2-323 and 76-2-325 through 76-2-328 apply to the governing body of a municipality or a military affected area appeals board appointed by that governing body when considering grievances relating to regulations, variances, or permits.

(3) If a governing body has appointed a board of adjustment under the provisions of 76-2-221 through 76-2-228 or 76-2-321 through 76-2-328 , the governing body may designate the members of that board as the military affected area appeals board, in which case the terms of the members for the purposes of this part are concurrent with their terms as members of the board of adjustment.
Mont. Code Ann. § 10-3-406 — MT Code / Title 10 / Chapter 3 / Part 4 / Section 10-3-406
10-3-406 Authority of principal executive officer
Status: in_force

10-3-406 . Authority of principal executive officer. (1) Upon the declaration of an emergency or disaster under 10-3-402 or 10-3-403 and the issuance of an order as required by 10-3-404 , the principal executive officer may:

(a) direct and compel the evacuation of all or part of the population from an incident or emergency or disaster area within that political subdivision when necessary for the preservation of life or other disaster mitigation, response, or recovery; and

(b) control the ingress and egress to and from an incident or emergency or disaster area and the movement of persons within the area.

(2) Subject to 7-33-2212 (4)(a), the authority to control ingress and egress, as provided in subsection (1)(b), includes the authority to close wildland areas to access during periods of extreme fire danger.
Mont. Code Ann. § 10-3-1209 — MT Code / Title 10 / Chapter 3 / Part 12 / Section 10-3-1209
10-3-1209 Local emergency response authorities -- powers and duties
Status: in_force

10-3-1209 . Local emergency response authorities -- powers and duties. (1) Every local emergency response authority designated pursuant to this part shall respond to hazardous material incidents occurring within its jurisdiction according to the local emergency operations plan. The local emergency response authority shall also respond to a hazardous material incident that initially occurs within its jurisdiction but spreads to another jurisdiction. If a hazardous material incident occurs on a boundary between two jurisdictions or in an area where the jurisdiction is not readily ascertainable, the first local emergency response authority to arrive at the scene of the hazardous material incident shall perform the initial emergency response duties.

(2) Each local emergency response authority shall identify in writing its incident management system and identify the individual who will be the incident commander.

(3) The incident commander shall declare that the emergency situation associated with an incident has ended when the acute threat to public health and safety or to the environment has been sufficiently addressed.
Mont. Code Ann. § 10-3-1309 — MT Code / Title 10 / Chapter 3 / Part 13 / Section 10-3-1309
10-3-1309 Responsibilities of public service commission -- inspection of rails and trains -- agreements with neighboring states and provinces -- rulemaking
Status: in_force

10-3-1309 . Responsibilities of public service commission -- inspection of rails and trains -- agreements with neighboring states and provinces -- rulemaking. (1) After receiving notification from the disaster and emergency services division that high-level radioactive waste or transuranic waste will be shipped by railroad through the state, the public service commission shall establish a plan for inspecting the rails and the trains, as authorized in Title 69, chapter 14, that will be involved in the transportation of the waste. The plan must include but is not limited to:

(a) coordination with the federal railroad administration on track and rolling stock inspections;

(b) inspection and approval by a federally certified inspector no later than 1 week prior to shipment; and

(c) a requirement that trains carrying radioactive waste or transuranic waste may not travel at greater than the speed required by federal regulations.

(2) The public service commission may enter into reciprocal agreements with adjacent states and bordering Canadian provinces that Montana's inspectors may inspect trains while they are stopped in those states or provinces before they cross the Montana border.

(3) The public service commission shall, in cooperation with the department of transportation, the disaster and emergency services division, and the highway patrol, establish rules to carry out the provisions of this part. The rules must address:

(a) the process by which local authorities will be notified when a motor carrier or a train carrying high-level radioactive waste or transuranic waste is approaching their jurisdictions;

(b) which local authorities will receive notification;

(c) the process by which local governments and local emergency response entities may apply for and receive training and reimbursement money from the radioactive waste transportation monitoring, emergency response, and training account, as provided in 10-3-1304 ;

(d) the criteria for qualifying to receive money from the account;

(e) acceptable means for monitoring a train that is carrying high-level radioactive waste or transuranic waste; and

(f) other processes or procedures that the public service commission, the department of transportation, the disaster and emergency services division, and the highway patrol determine are necessary to efficiently carry out the provisions of this part and to ensure the safe transportation of high-level radioactive waste or transuranic waste through Montana.
Mont. Code Ann. § 10-2-804 — MT Code / Title 10 / Chapter 2 / Part 8 / Section 10-2-804
10-2-804 Family member application -- eligibility determination
Status: in_force

10-2-804 . Family member application -- eligibility determination. (1) A family member of an eligible service member may apply for the honor and remember medallion and a family member of an eligible veteran may apply for the commemorative memorial coin using a form and in a manner prescribed by the department, including providing the documentation requested by the department.

(2) (a) An eligible service member is a member of the United States armed forces who:

(i) was killed in action or classified by the United States as missing in action on or after September 8, 1939, while:

(A) engaged in an action against an enemy of the United States;

(B) serving with friendly foreign forces engaged in an armed conflict in which the United States was not a belligerent party against an opposing armed force; or

(C) engaged in military operations involving conflict with an opposing foreign force;

(ii) was serving on federal military active duty orders; and

(iii) was a legal resident of Montana at the time and is authorized by the U.S. department of veterans affairs for military honors.

(b) An eligible veteran is a member of the United States armed forces who:

(i) served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable; and

(ii) was a legal resident of Montana at the time and is authorized by the U.S. department of veterans affairs for military honors.

(c) The department shall determine how the criteria described in subsection (2)(a) is to be defined and documented for the purposes of this part.

(3) On receipt of an application, the department shall determine whether the family member is eligible to receive the medallion or coin and notify the family member of the determination.
Mont. Code Ann. § 10-1-103 — MT Code / Title 10 / Chapter 1 / Part 1 / Section 10-1-103
10-1-103 Classes of militia
Status: in_force

10-1-103 . Classes of militia. The classes of the militia are:

(1) the organized militia, which consists of the national guard and the Montana home guard;

(2) the unorganized militia, which consists of the members of the militia who are not members of the organized militia.
Mont. Code Ann. § 10-1-703 — MT Code / Title 10 / Chapter 1 / Part 7 / Section 10-1-703
10-1-703 Use of armories and equipment
Status: in_force

10-1-703 . Use of armories and equipment. The governor may make available to the home guard the facilities of state armories and their equipment and any other state land and property as may be available. The governor may requisition from the federal government, for the use of the home guard, arms, ammunition, clothing, equipment, and other items in accordance with federal law and regulations. The governing body of a county, municipality, or school district may make available to the home guard any premises, facilities, equipment, or other property belonging to or under the control of the county, municipality, or school district.
Mont. Code Ann. § 10-1-1517 — MT Code / Title 10 / Chapter 1 / Part 15 / Section 10-1-1517
10-1-1517 Injunction
Status: in_force

10-1-1517 . Injunction. A local governing body may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this part or the regulations adopted pursuant to this part.
Mont. Code Ann. § 10-3-1301 — MT Code / Title 10 / Chapter 3 / Part 13 / Section 10-3-1301
10-3-1301 Short title
Status: in_force

10-3-1301 . Short title. This part may be cited as the "Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act".
Mont. Code Ann. § 10-4-212 — MT Code / Title 10 / Chapter 4 / Part 2 / Section 10-4-212
10-4-212 Provider or seller considered taxpayer under provisions for fee
Status: in_force

10-4-212 . Provider or seller considered taxpayer under provisions for fee. Unless the context requires otherwise, the provisions of Title 15 referring to the audit and examination of reports and returns, determination of deficiency assessments, claims for refunds, penalties, interest, jeopardy assessments, warrants, conferences, appeals to the department of revenue, appeals to the Montana tax appeal board, and procedures relating to those provisions apply to this part as if the fee were a tax imposed upon or measured by net income. The provisions apply to the subscriber, as defined in 10-4-101 (21)(a), liable for the fee and to the provider or seller required to collect the fee. Any amount collected and required to be remitted to the department of revenue is considered a tax upon the provider required to collect it, and that provider or seller is considered a taxpayer.
Mont. Code Ann. § 10-2-802 — MT Code / Title 10 / Chapter 2 / Part 8 / Section 10-2-802
10-2-802 Definitions
Status: in_force

10-2-802 . Definitions. As used in this part, the following definitions apply:

(1) "Eligible service member" means a service member who meets the criteria established in 10-2-804 (2).

(2) "Eligible veteran" means a veteran of the United States armed forces who was a citizen of Montana at any time during the veteran's military service and is authorized by the U.S. department of veterans affairs for military honors.

(3) "Family member" means the spouse of an eligible service member or a person who is a parent, child, brother, sister, or grandparent of an eligible service member by lineage, adoption, legal guardianship, or marriage.

(4) "United States armed forces" means the active and reserve components of the United States army, marine corps, navy, air force, space force, coast guard, and national guard.
Mont. Code Ann. § 10-1-1516 — MT Code / Title 10 / Chapter 1 / Part 15 / Section 10-1-1516
10-1-1516 Penalty
Status: in_force

10-1-1516 . Penalty. A person who violates the provisions of this part or the regulations adopted under 10-1-1505 is subject to a civil penalty and a criminal penalty. The civil penalty is a fine of $100 for each day that the violation is not remedied after the governing body has given notification of the violation and held a hearing on the violation. The criminal penalty is a fine of $500 pursuant to 45-2-104 .
Mont. Code Ann. § 10-2-603 — MT Code / Title 10 / Chapter 2 / Part 6 / Section 10-2-603
10-2-603 Special revenue account -- use of funds -- solicitation
Status: in_force

10-2-603 . Special revenue account -- use of funds -- solicitation. (1) There is an account in the special revenue fund to the credit of the board for the state veterans' cemeteries.

(2) Plot allowances, donations to the cemetery program, and fund transfers pursuant to 15-1-122 (2)(d) must be deposited into the account.

(3) The account is statutorily appropriated, as provided in 17-7-502 , to the department and may be used by the board only for the construction, maintenance, operation, and administration of the state veterans' cemeteries.

(4) The board shall solicit veterans' license plate sales and donations on behalf of the state veterans' cemeteries.
Mont. Code Ann. § 10-3-205 — MT Code / Title 10 / Chapter 3 / Part 2 / Section 10-3-205
10-3-205 Authority to join interstate mutual aid compact -- supplemental agreements
Status: in_force

10-3-205 . Authority to join interstate mutual aid compact -- supplemental agreements. (1) The governor of the state of Montana is hereby authorized for and in the name of the state of Montana to join with other states in the interstate mutual aid compact.

(2) The governor of the state of Montana is hereby authorized to negotiate and execute such supplemental agreements as may be necessary and proper to fully carry into effect the terms and provisions of the interstate mutual aid compact as set forth in 10-3-207 .
Mont. Code Ann. § 10-1-1401 — MT Code / Title 10 / Chapter 1 / Part 14 / Section 10-1-1401
10-1-1401 Montana national guard youth challenge program authorized
Status: in_force

10-1-1401 . Montana national guard youth challenge program authorized. A youth challenge program provided for pursuant to 32 U.S.C. 509 may be established in the department.
Mont. Code Ann. § 10-4-304 — MT Code / Title 10 / Chapter 4 / Part 3 / Section 10-4-304
10-4-304 Establishment of 9-1-1 accounts
Status: in_force

10-4-304 . (Temporary) Establishment of 9-1-1 accounts. (1) There is established in the state special revenue fund accounts for fees collected for 9-1-1 services pursuant to 10-4-201 .

(2) Except as provided in subsection (5), funds in the accounts are statutorily appropriated to the department, as provided in 17-7-502 . Except as provided in subsection (3), funds that are not used for the administration of this chapter by the department, used for public safety radio communications, if allowable, or transferred in accordance with subsections (5) and (6) are allocated as follows:

(a) 75% of the account must be deposited in an account for distribution to local and tribal government entities that host public safety answering points in accordance with 10-4-305 and with rules adopted by the department in accordance with 10-4-108 ;

(b) 7% of the account must be deposited in an account for distribution in the form of grants to private telecommunications providers, local or tribal government entities that host public safety answering points, or both in accordance with 10-4-306 ; and

(c) 18% of the account must be deposited in an account for use by the department, which shall confer with the 9-1-1 advisory council on proposed expenditures and implementation for a statewide next generation 9-1-1 system.

(3) All money received by the department of revenue pursuant to 10-4-201 must be paid to the state treasurer for deposit in the appropriate account.

(4) The accounts established in subsections (1) and (2) retain interest earned from the investment of money in the accounts.

(5) Each fiscal year from July 1, 2021, through June 30, 2030, the state treasurer shall transfer $450,000 from the account established in subsection (1) to the 9-1-1 GIS mapping account established in 10-4-310 by August 15 of each fiscal year.

(6) On July 1, 2023, the state treasurer shall transfer the balance from the account established in subsection (2)(b) into the account established in subsection (2)(c). (Terminates July 1, 2031--sec. 8, Ch. 200, L. 2021.)
Mont. Code Ann. § 10-3-208 — MT Code / Title 10 / Chapter 3 / Part 2 / Section 10-3-208
10-3-208 Rulemaking authority
Status: in_force

10-3-208 . Rulemaking authority. The department of military affairs may adopt rules necessary to implement the interstate mutual aid compact.
Mont. Code Ann. § 10-3-106 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-106
10-3-106 Communications
Status: in_force

10-3-106 . Communications. (1) The division shall coordinate whatever means exist for rapid and efficient communications in time of emergency or disaster.

(2) The division shall, in cooperation with the department of administration, consider the desirability of supplementing communications resources or of integrating them into a comprehensive state or state-federal telecommunications or other communications system or network.

(3) The division shall, in cooperation with the department of administration and local political subdivisions, evaluate the possibility of multipurpose use of communications systems or networks for general state and local governmental purposes.

(4) The division shall assist political subdivisions in the orderly development of telecommunications systems complementary to the state telecommunications network.
Mont. Code Ann. § 10-2-402 — MT Code / Title 10 / Chapter 2 / Part 4 / Section 10-2-402
10-2-402 Superintendent to be given veterans' preference
Status: in_force

10-2-402 . Superintendent to be given veterans' preference. In the selection of the superintendent of each of the Montana veterans' homes, the department of public health and human services shall apply the preference granted to veterans and disabled veterans under 39-29-102 , but not the preference granted to other persons under 39-29-102 or Title 39, chapter 30.
Mont. Code Ann. § 10-3-1303 — MT Code / Title 10 / Chapter 3 / Part 13 / Section 10-3-1303
10-3-1303 Definitions
Status: in_force

10-3-1303 . Definitions. As used in this part, the following definitions apply:

(1) "High-level radioactive waste" means:

(a) the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from the liquid waste that contains fission products in sufficient concentrations;

(b) irradiated reactor fuel; or

(c) other highly radioactive waste material that the U.S. nuclear regulatory commission has determined by rule requires permanent isolation.

(2) "Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.

(3) "Transuranic waste" means material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and that are in concentrations greater than 10 nanocuries per gram or in other concentrations that the U.S. nuclear regulatory commission may prescribe.
Mont. Code Ann. § 10-3-311 — MT Code / Title 10 / Chapter 3 / Part 3 / Section 10-3-311
10-3-311 Emergency or disaster expenditures -- restrictions
Status: in_force

10-3-311 . Emergency or disaster expenditures -- restrictions. (1) The governor may authorize the incurring of liabilities and expenses to be paid as other claims against the state from the general fund, in the amount necessary, when an emergency or disaster justifies the expenditure and is declared by the governor, to meet contingencies and needs arising from an emergency or disaster, as defined in 10-3-103 , that results in damage to the works, buildings, or property of the state, any political subdivision of the state, or a tribal government or that menaces the health, welfare, safety, lives, or property of any considerable number of persons in any county or community of the state, including an Indian reservation, upon demonstration by the political jurisdiction, including a tribal government, that:

(a) the political jurisdiction has exhausted all available emergency levies;

(b) the emergency is beyond the financial capability of the political jurisdiction to respond and for which no appropriation in the affected fund is available in a sufficient amount to meet the emergency or disaster; or

(c) federal funds available for the emergency or disaster require either matching state funds or specific expenditures prior to eligibility for assistance under federal laws.

(2) Expenditures for flood-related damages may not be made to assist a political subdivision or tribal government that is sanctioned because it has flood hazard areas identified under the national flood insurance program, parts 59 through 77 of 44 CFR, and does not have in effect adequate regulations for those areas or has failed to enforce regulations required by the national flood insurance program.

(3) In the event of recovery of money expended pursuant to this section, the spending authority must be reinstated to the level reflecting the recovery.

(4) The governor is charged with the implementation of the program.

(5) The administration and development of rules for implementation of this section must be promulgated by the department.
Mont. Code Ann. § 10-2-417 — MT Code / Title 10 / Chapter 2 / Part 4 / Section 10-2-417
10-2-417 Use of funds generated by taxation on cigarettes
Status: in_force

10-2-417 . Use of funds generated by taxation on cigarettes. (1) Revenue generated by 16-11-119 and allocated to the department of public health and human services for veterans' homes must be used to support the operation and maintenance of the Montana veterans' homes programs.

(2) The legislature shall appropriate from the account established in 16-11-119 (2)(a) the funds required for the operation and maintenance of the Montana veterans' homes.
Mont. Code Ann. § 10-2-805 — MT Code / Title 10 / Chapter 2 / Part 8 / Section 10-2-805
10-2-805 First and subsequent medallions -- cost
Status: in_force

10-2-805 . First and subsequent medallions -- cost. (1) The first medallion and the first copy of the joint resolution under 10-2-806 provided to a family member of an eligible service member or the first commemorative memorial coin provided to a family member of an eligible veteran must be provided without cost to the family member.

(2) After the first medallion or coin has been provided to a family member, additional family members of the eligible service member or the eligible veteran may, in a manner prescribed by the department, purchase additional medallions and copies of the joint resolution or coins for an amount that may not exceed the actual cost to the department for providing the additional medallions and joint resolutions or coins.

(3) A family member may receive only one medallion and resolution or coin.

(4) Payments received pursuant to this section must be deposited to the account established in 10-2-807 .
Mont. Code Ann. § 10-1-113 — MT Code / Title 10 / Chapter 1 / Part 1 / Section 10-1-113
10-1-113 Trial by civil authority -- when authorized
Status: in_force

10-1-113 . Trial by civil authority -- when authorized. In a case where the offense under investigation is also an offense against civil authority, the adjutant general or the adjutant general's designee may order the suspect to be turned over to the appropriate civil authorities of this state for charging and trial.
Mont. Code Ann. § 10-3-1208 — MT Code / Title 10 / Chapter 3 / Part 12 / Section 10-3-1208
10-3-1208 Local emergency response authorities -- designation
Status: in_force

10-3-1208 . Local emergency response authorities -- designation. (1) The governing body of each incorporated city and county shall designate the local emergency response authority for incidents that occur within its jurisdiction.

(2) Local emergency response authority members must be trained in hazardous material incident response in compliance with 29 CFR 1910.120(q), as amended.

(3) An incorporated city may, with the mutual consent of the county, designate the county as its local emergency response authority and participate in the local emergency operations plan for incident response.

(4) If a hazardous material incident occurs in an area in which local emergency response authority has not been designated, the presiding officer of the board of county commissioners must be the local emergency response authority for the incident for the purposes of this part.
Mont. Code Ann. § 10-3-401 — MT Code / Title 10 / Chapter 3 / Part 4 / Section 10-3-401
10-3-401 Local and interjurisdictional disaster and emergency plan -- distribution
Status: in_force

10-3-401 . Local and interjurisdictional disaster and emergency plan -- distribution. (1) Each political subdivision eligible to receive funds under this chapter shall prepare a local or interjurisdictional disaster and emergency plan and program covering the area for which that political subdivision is responsible. This plan shall be in accordance with and in support of the state disaster and emergency plan and program.

(2) The political subdivision shall prepare and distribute on behalf of the principal executive officers, in written form, a clear and complete statement of:

(a) the emergency responsibilities of all local agencies, if any, and officials;

(b) the disaster and emergency chain of command;

(c) local evacuation authority and responsibility; and

(d) local authority and responsibility for control of ingress and egress to and from an emergency or disaster area.

(3) The political subdivision of each local emergency planning district as established in 10-3-1204 (11) shall prepare and distribute on behalf of the principal executive officer a hazardous material emergency response plan that provides for the plan provisions in the federal Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11003, et seq. Each emergency plan must include but is not limited to:

(a) (i) the identification of facilities subject to the requirements of the federal act within the emergency planning district;

(ii) the identification of routes likely to be used for the transportation of substances on the list of extremely hazardous substances referred to in 42 U.S.C. 11002(a); and

(iii) the identification of additional facilities contributing to or subjected to additional risk due to their proximity to facilities subject to the requirements of the federal act, such as hospitals or natural gas facilities;

(b) the methods and procedures that facility owners and operators and local emergency response and medical personnel shall follow to respond to the release of extremely hazardous substances;

(c) the designation of a community emergency coordinator and facility emergency coordinators who shall make determinations necessary to implement the plan;

(d) procedures for providing reliable, effective, and timely notification by the community emergency coordinator and the facility emergency coordinators to persons designated in the emergency plan and to the public that a release has occurred, consistent with the emergency notification requirements of 42 U.S.C. 11004;

(e) the methods for determining the occurrence of a release and the area or population likely to be affected by the release;

(f) a description of emergency equipment and facilities in the community and at each facility in the community subject to the requirements of this part and an identification of the persons responsible for the equipment and facilities;

(g) evacuation plans, including provisions for a precautionary evacuation and alternative traffic routes;

(h) training programs, including schedules for the training of local emergency response and medical personnel; and

(i) the methods and schedules for exercising the emergency plan.

(4) After completion of the hazardous material emergency response plan, the local emergency planning committee shall submit a copy of the plan to the state emergency response commission.
Mont. Code Ann. § 10-3-310 — MT Code / Title 10 / Chapter 3 / Part 3 / Section 10-3-310
10-3-310 Incident response -- authority -- appropriation -- expenditures -- recovery -- rules
Status: in_force

10-3-310 . Incident response -- authority -- appropriation -- expenditures -- recovery -- rules. (1) The governor may by executive order upon request of the local governing body, its authorized agent, or a tribal government activate that part of the state disaster and emergency plan pertaining to incident response. The order may be issued for any year, for any part of a year, or upon occurrence of an incident.

(2) Upon approval of an executive order pursuant to this section:

(a) that part of the state disaster and emergency plan pertaining to incidents becomes effective;

(b) the division may use any of the resources usable by the division during a state of emergency or disaster to respond to the incident; and

(c) there is statutorily appropriated, as provided in 17-7-502 , to the office of the governor and the governor is authorized to expend from the general fund an amount not to exceed $10,000 per incident and not to exceed $100,000 for incidents in a biennium.

(3) The governor may authorize the incurring of liabilities and expenses to be paid as other claims against the state from the general fund, in the amount necessary, upon activation of the incident response portion of the state disaster and emergency plan. Money appropriated by this section may be used only for incident response costs of the state and incident response costs incurred by an all-hazard incident management assistance team established under 10-3-103 .

(4) In the event of recovery of money expended pursuant to this section, the spending authority must be reinstated to the level reflecting the recovery.

(5) The department may adopt rules to implement this section.
Mont. Code Ann. § 10-3-209 — MT Code / Title 10 / Chapter 3 / Part 2 / Section 10-3-209
10-3-209 Political subdivision requests for assistance -- application to fire districts, fire service areas, and fire companies in unincorporated places -- immunity
Status: in_force

10-3-209 . Political subdivision requests for assistance -- application to fire districts, fire service areas, and fire companies in unincorporated places -- immunity. (1) If an incident, emergency, or disaster occurs in a political subdivision that has not concluded a mutual aid agreement pursuant to 10-3-202 , the local or interjurisdictional agency, incident commander, or principal executive officer of the political subdivision may request assistance from another public or private agency.

(2) (a) The following individuals or entities may request assistance with an incident, emergency, or disaster if a mutual aid agreement has not been concluded for protection of the area within the jurisdiction of these individuals or entities:

(i) the trustees of a rural fire district created pursuant to Title 7, chapter 33, part 21, a representative of the trustees, or an incident commander for the district;

(ii) the chief of a rural fire company organized pursuant to 7-33-2311 or an incident commander for the chief;

(iii) the governing body of a fire service area created pursuant to Title 7, chapter 33, part 24, a representative of the governing body, or an incident commander for the area.

(b) A request for assistance by an individual or entity under subsection (2)(a) may be made to any of the following:

(i) a fire district;

(ii) an unincorporated municipality;

(iii) an incorporated municipality;

(iv) a state agency;

(v) a private fire prevention agency;

(vi) an agency of the federal government;

(vii) a fire service area;

(viii) the governing body of a political subdivision; or

(ix) the governing bodies of fire protection services, emergency medical care providers, and local government subdivisions of any other state or the United States pursuant to part 11 of this chapter.

(3) A public or private agency receiving a request pursuant to subsection (1) or (2) shall determine if it will provide the requested assistance or if it will provide other assistance and shall inform the requesting local or interjurisdictional agency, principal executive officer, incident commander, or other individual or entity making the request, as soon as possible, of that determination. The nature and extent of assistance provided by a public or private agency may be determined only by that public or private agency.

(4) The incident commander of the local or interjurisdictional agency making a request for assistance has overall responsibility for command of the resources provided by a public or private agency responding to a request. However, operational control of individual pieces of equipment and personnel furnished by the responding public or private agency remains with that agency.

(5) This section does not waive an immunity or limitation on liability applicable to any of the following entities or individuals requesting or receiving assistance pursuant to this section:

(a) a fire district;

(b) a fire service area;

(c) a fire company;

(d) an unincorporated municipality, town, or village;

(e) a political subdivision; or

(f) an agent, employee, representative, or volunteer of an entity listed in this subsection.
Mont. Code Ann. § 10-3-113 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-113
10-3-113 Identification -- civil defense symbol
Status: in_force

10-3-113 . Identification -- civil defense symbol. Disaster and emergency services organizations and personnel may continue to identify themselves by the use of the civil defense symbol.
Mont. Code Ann. § 10-1-1003 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1003
10-1-1003 Definitions
Status: in_force

10-1-1003 . Definitions. Unless the context requires otherwise, as used in this part, the following definitions apply:

(1) "Department" means the department of labor and industry established in 2-15-1701 .

(2) "Elected official" means an official duly elected or appointed to any state or local judicial, legislative, or executive elective office of the state, a district, or a political subdivision of the state, including a school district or any other local district.

(3) (a) "Employer" means any public or private person or entity providing employment in Montana.

(b) The term does not include the United States.

(4) "Federally funded military duty" means duty, whether voluntary or involuntary, including training, performed pursuant to orders issued under Title 10 or Title 32 of the United States Code and the time period, if any, required pursuant to a licensed physician's certification to recover from an illness or injury incurred while performing the duty.

(5) "Member" means a member of the state's organized militia provided for in 10-1-103 or a member of the national guard of another state.

(6) "Military service" includes both federally funded military duty and state military duty, whether voluntary or involuntary.

(7) (a) "State military duty" means duty, whether voluntary or involuntary, performed by a member pursuant to Article VI, section 13, of the Montana constitution, the authority of the governor of any other state, or 10-1-505 and the time period, if any, required pursuant to a licensed physician's certification to recover from an illness or injury incurred while performing the state military duty.

(b) The term does not include federally funded military duty.
Mont. Code Ann. § 10-2-403 — MT Code / Title 10 / Chapter 2 / Part 4 / Section 10-2-403
10-2-403 Eligibility for residence in home
Status: in_force

10-2-403 . Eligibility for residence in home. To be eligible for residence in a Montana veterans' home under rules prescribed by the department of public health and human services, a person must be a veteran or the spouse or surviving spouse of a veteran. Consideration must also be given to:

(1) the person's age;

(2) the person's physical and mental status;

(3) the person's ability or inability to locate suitable alternative accommodations;

(4) the person's term of residence in Montana;

(5) the person's gender as it relates to availability of appropriate living space;

(6) the ability of the Montana veterans' home to meet the person's needs; and

(7) other admission requirements established by the department.
Mont. Code Ann. § 10-4-105 — MT Code / Title 10 / Chapter 4 / Part 1 / Section 10-4-105
10-4-105 9-1-1 advisory council
Status: in_force

10-4-105 . 9-1-1 advisory council. (1) There is a 9-1-1 advisory council.

(2) The council consists of 19 members appointed by the governor as follows:

(a) the attorney general or the attorney general's designee, who serves as presiding officer of the council;

(b) a representative of the department of justice, Montana highway patrol;

(c) a representative of the Montana emergency medical services association;

(d) three representatives of Montana telecommunications providers, including at least one wireless provider;

(e) a representative of the Montana association of public safety communications officials;

(f) two public safety answering point managers, one serving a population of less than 30,000 and one serving a population of greater than 30,000;

(g) a representative of the department of military affairs, disaster and emergency services division;

(h) a representative of the Montana association of chiefs of police;

(i) a representative of the Montana sheriffs and peace officers association;

(j) a representative of the Montana state fire chiefs' association;

(k) a representative of the Montana state volunteer firefighters association;

(l) a representative of the Montana association of counties;

(m) a representative of the Montana league of cities and towns;

(n) a representative of the Montana chapter of the national emergency number association;

(o) the state librarian or the state librarian's designee; and

(p) the state director of Indian affairs provided for in 2-15-217 .

(3) The council is attached to the department for administrative purposes only, as provided in 2-15-121 .

(4) The council shall, within its authorized budget, hold quarterly meetings.

(5) Council members shall serve without additional salary but are entitled to reimbursement for travel expenses incurred while engaged in council activities as provided for in 2-18-501 through 2-18-503 .
Mont. Code Ann. § 10-3-1104 — MT Code / Title 10 / Chapter 3 / Part 11 / Section 10-3-1104
10-3-1104 Authorization to enter agreement -- general content -- authority
Status: in_force

10-3-1104 . Authorization to enter agreement -- general content -- authority. (1) Any one or more fire protection services, emergency medical care providers, or local government subdivisions of this state may enter into a mutual aid agreement with any one or more fire protection services, emergency medical care providers, or local government subdivisions of any other state or the United States to provide emergency services to the area covered by the agreement. The agreement must be authorized and approved by the governing body of each party to the agreement that is not an agency of the United States government.

(2) The agreement must fully set forth the powers, rights, and obligations of the parties to the agreement.

(3) A mutual aid agreement grants a fire protection service or emergency medical care provider of this state authority to operate outside of the state and grants authority for a fire protection service or emergency medical care provider of another state or the United States to operate within this state as if the fire service or emergency medical care provider were organized and operated under the laws of this state.
Mont. Code Ann. § 10-1-1016 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1016
10-1-1016 Assistance, investigation, and enforcement of complaints
Status: in_force

10-1-1016 . Assistance, investigation, and enforcement of complaints. (1) The department shall provide assistance to any person with respect to the employment rights and benefits to which the person is entitled pursuant to this part. The department may request the assistance of federal or state agencies engaged in similar or related activities and utilize the assistance of volunteers.

(2) The department shall investigate each complaint submitted pursuant to 10-1-1015 . The department shall initiate the investigation within 30 days of receiving the complaint. Within 60 days of receiving the complaint, the department shall make a finding about whether a violation of rights or benefits provided in this part has occurred or is about to occur and shall notify the complainant and the employer in writing of the finding.

(3) If the department's investigation finds that a violation of this part has occurred or is about to occur, the department shall attempt to resolve the matter by making a reasonable effort, including conference, conciliation, and persuasion, to provide redress to the complainant and ensure that the employer named in the complaint complies with the provisions of this part.

(4) If the department fails to resolve the matter within 90 days of receiving the complaint, the department shall notify the complainant of the complainant's right to request that the department refer the complaint to the state attorney general under the provisions of 10-1-1018 .
Mont. Code Ann. § 10-1-1301 — MT Code / Title 10 / Chapter 1 / Part 13 / Section 10-1-1301
10-1-1301 Short title
Status: in_force

10-1-1301 . Short title. This part may be cited as the "Montana Military Family Relief Fund Act".
Mont. Code Ann. § 10-1-1006 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1006
10-1-1006 Entitlement to leave of absence
Status: in_force

10-1-1006 . Entitlement to leave of absence. (1) A member ordered to state military duty is entitled to a leave of absence from the person's employment during the period of that state military duty.

(2) A leave of absence for state military duty may not be deducted from any sick leave, vacation leave, military leave, or other leave accrued by the member unless the member desires the deduction.
Mont. Code Ann. § 10-1-1513 — MT Code / Title 10 / Chapter 1 / Part 15 / Section 10-1-1513
10-1-1513 Enforcement
Status: in_force

10-1-1513 . Enforcement. The governing body or its designated agent or agency is responsible for enforcing the regulations adopted pursuant to this part. The regulations must provide for an enforcement officer and an appeal process from the decision of the enforcement officer, who may be an existing employee of the local government.
Mont. Code Ann. § 10-3-114 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-114
10-3-114 Confiscation of firearm and certain actions by government prohibited -- private right of action -- costs and expenses
Status: in_force

10-3-114 . Confiscation of firearm and certain actions by government prohibited -- private right of action -- costs and expenses. (1) Following a declaration of an emergency or disaster pursuant to this chapter, a peace officer or other person acting or purporting to act on behalf of the state or a political subdivision of the state may not take a confiscation action or:

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

(i) firearm, including any component or accessory;

(ii) ammunition, including any component or accessory;

(iii) ammunition-reloading equipment and supplies; or

(iv) personal weapons other than firearms;

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

(i) firearm, including any component or accessory;

(ii) ammunition, including any component or accessory;

(iii) ammunition-reloading equipment and supplies; or

(iv) personal weapons other than firearms;

(c) suspend or revoke a permit to carry a concealed weapon;

(d) refuse to accept an application for a permit to carry a concealed pistol, provided the application has been properly completed under 45-8-321 through 45-8-324 ;

(e) unless the closing or limitation of hours applies equally to all forms of commerce within the jurisdiction, close or limit the operating hours of any entity engaged in the lawful selling or servicing of any:

(i) firearm, including any component or accessory;

(ii) ammunition, including any component or accessory;

(iii) ammunition-reloading equipment and supplies; or

(iv) personal weapons other than firearms;

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

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

(i) firearm, including any component or accessory;

(ii) ammunition, including any component or accessory;

(iii) ammunition-reloading equipment and supplies; or

(iv) personal weapons other than firearms.

(2) After a violation of this section has occurred, the party injured by a confiscation action or other action prohibited in subsection (1) may bring an action for damages in a court having jurisdiction.

(3) A party awarded damages pursuant to this section must also be awarded the party's costs and expenses in bringing the action, including reasonable attorney fees.

(4) (a) As used in this section, "confiscation action" means the intentional deprivation by a person in Montana of a privately owned firearm.

(b) The term does not include the taking of a firearm from a person:

(i) in self-defense;

(ii) possessing a firearm while the person is committing a felony or misdemeanor; or

(iii) who may not lawfully possess the firearm because of a prior criminal conviction.

(5) Nothing in this section may be construed to infringe on the rights of private landowners or the person who is in control of the property, including a tenant or lessee, to regulate firearms on their property.
Mont. Code Ann. § 10-3-118 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-118
10-3-118 Interstate licensure recognition -- volunteer professionals
Status: in_force

10-3-118 . Interstate licensure recognition -- volunteer professionals. (1) (a) Subject to subsection (2), whenever a state of emergency or disaster is in effect, a volunteer professional who possesses an active, unrestricted license in another state may practice in Montana to the extent authorized by law as if the person had been licensed in Montana.

(b) A volunteer professional shall adhere to the scope and standards of practice set forth in licensing provisions, practice acts, or other laws or policies of Montana.

(2) (a) Prior to providing services in Montana, a volunteer professional who is licensed for professional services in another state shall register with the appropriate licensing agency in the state of Montana. The licensing agency shall verify the current licensure of the volunteer professional in the other state or states prior to registering the licensee.

(b) Based on available funding, the licensing agency may request and accept funds for the purpose of implementing the provisions of subsection (2)(a).
Mont. Code Ann. § 10-3-101 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-101
10-3-101 Declaration of policy
Status: in_force

10-3-101 . Declaration of policy. Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action and natural disasters and in order to provide for prompt and timely reaction to an emergency or disaster, to ensure that preparation of this state will be adequate to deal with disasters or emergencies, and generally to provide for the common defense and to protect the public peace, health, and safety and to preserve the lives and property of the people of this state to the fullest extent practicable, it is declared to be necessary to:

(1) authorize the creation of local or interjurisdictional organizations for disaster and emergency services in the political subdivisions of this state;

(2) reduce vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural or human-caused disasters;

(3) provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters;

(4) clarify and strengthen the roles of the governor, the legislature, state agencies, local governments, and tribal governments in prevention of, preparation for, response to, and recovery from emergencies and disasters;

(5) authorize and provide for cooperation in disaster prevention, preparedness, response, and recovery;

(6) authorize and provide for coordination of activities relating to disaster prevention, preparedness, mitigation, response, and recovery by agencies and officers of this state and similar state-local, interstate, federal-state, and foreign activities in which the state, its political subdivisions, and tribal governments may participate;

(7) provide an emergency and disaster management system embodying all aspects of emergency or disaster prevention, preparedness, response, and recovery;

(8) assist in prevention of disasters caused or aggravated by inadequate planning for public and private facilities and land use;

(9) supplement, without in any way limiting, authority conferred by previous statutes of this state and increase the capability of the state, local, and interjurisdictional disaster and emergency services agencies to perform disaster and emergency services;

(10) authorize the payment of extraordinary costs and the temporary hiring, with statutorily appropriated funds under 10-3-312 , of professional and technical personnel to meet the state's responsibilities in providing assistance in the response to, recovery from, and mitigation of disasters in state, tribal government, or federal emergency or disaster declarations;

(11) ensure the protections under the first amendment of the United States constitution and under Article II, sections 6 and 7, of the Montana constitution of the rights of free speech, freedom of assembly, freedom of the press, and the right to petition the government for a redress of grievances;

(12) ensure the protection of the rights under the second amendment of the United States constitution and under Article II, section 12, of the Montana constitution; and

(13) ensure the continuity of religious services as essential services to the welfare of the people of the state.
Mont. Code Ann. § 10-3-905 — MT Code / Title 10 / Chapter 3 / Part 9 / Section 10-3-905
10-3-905 Montana intrastate mutual aid committee -- duties
Status: in_force

10-3-905 . Montana intrastate mutual aid committee -- duties. The committee shall:

(1) review the progress and status of intrastate mutual aid;

(2) assist in developing methods to track and evaluate activation of the system;

(3) examine issues facing member jurisdictions in the implementation of intrastate mutual aid;

(4) develop, adopt, and disseminate comprehensive guidelines and procedures that address the following:

(a) projected or anticipated costs of establishing and maintaining the system;

(b) checklists for requesting and providing intrastate mutual aid assistance;

(c) recordkeeping for all member jurisdictions; and

(d) procedures for reimbursing the actual and legitimate expenses of a member jurisdiction that responds to a request for aid or assistance through the system; and

(5) adopt any other guidelines or procedures considered necessary by the committee to implement an effective and efficient system.
Mont. Code Ann. § 10-2-116 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-116
10-2-116 Terminated
Status: in_force

10-2-116 . Terminated. Sec. 6, Ch. 462, L. 2019; Sec. 4, Ch. 474, L. 2021.
Mont. Code Ann. § 10-2-1302 — MT Code / Title 10 / Chapter 2 / Part 13 / Section 10-2-1302
10-2-1302 Montana veterans hall of fame
Status: in_force

10-2-1302 . Montana veterans hall of fame. (1) There is established the Montana veterans hall of fame.

(2) Veterans recognized with the Montana governor's veteran commendation are members of the Montana veterans hall of fame.

(3) The governor may direct the board of veterans' affairs to assume responsibility for accepting and adjudicating nominations to the Montana veterans hall of fame. The board may adopt rules necessary to implement this section.
Mont. Code Ann. § 10-4-117 — MT Code / Title 10 / Chapter 4 / Part 1 / Section 10-4-117
10-4-117 Provider and seller obligations -- limitations
Status: in_force

10-4-117 . Provider and seller obligations -- limitations. Nothing in this chapter:

(1) relieves a provider or seller from its obligations pursuant to parts 1 through 3 of this chapter, including obligations pursuant to 10-4-201 to collect 9-1-1 fees from customers on a per access line basis; or

(2) grants the department the authority to regulate the services offered by an originating service provider or by a seller.
Mont. Code Ann. § 10-3-1201 — MT Code / Title 10 / Chapter 3 / Part 12 / Section 10-3-1201
10-3-1201 Short title
Status: in_force

10-3-1201 . Short title. This part may be cited as the "Montana Response to Hazardous Material Incidents Act".
Mont. Code Ann. § 10-3-107 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-107
10-3-107 National defense highway plans
Status: in_force

10-3-107 . National defense highway plans. The department of military affairs shall:

(1) cooperate with the agencies of this and other states and of the federal government which are connected with national defense in the formulation and execution of plans for the rapid and safe movement over the highways of troops, vehicles of a military nature, and materials affecting the national defense;

(2) coordinate the activities of the department of transportation and the department of justice in a manner which will best serve to carry out any such plan for the rapid and safe movement of troops, vehicles, and materials;

(3) solicit the cooperation of officials of the various political subdivisions of the state in the proper execution of these plans.
Mont. Code Ann. § 10-3-705 — MT Code / Title 10 / Chapter 3 / Part 7 / Section 10-3-705
10-3-705 Tactical incident -- national guard assistance
Status: in_force

10-3-705 . Tactical incident -- national guard assistance. (1) Upon request by a local law enforcement agency administrator, the governor may order the national guard to provide transportation services and the use of national guard equipment to the requesting agency tactical team or to tactical teams that are providing assistance to the requesting agency during a tactical incident.

(2) This section does not give the national guard the status or authority of peace officers.
Mont. Code Ann. § 10-1-902 — MT Code / Title 10 / Chapter 1 / Part 9 / Section 10-1-902
10-1-902 Definitions
Status: in_force

10-1-902 . Definitions. As used in this part, the following definitions apply:

(1) "Active duty" means at least 14 consecutive days of full-time state military duty, as defined in 10-1-1003 , or full-time national guard duty, as defined in 32 U.S.C. 101.

(2) "Dependent" means the spouse or minor child of a service member or any other person legally dependent on the service member for support.

(3) "Military service" means active duty with a Montana army or air national guard military unit.

(4) "Permanent duty station" means a service member's official permanent workplace as depicted in the member's written military order.

(5) "Service member" means any member of the Montana army or air national guard serving on active duty.
Mont. Code Ann. § 10-2-102 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-102
10-2-102 Duties of board -- employee qualifications
Status: in_force

10-2-102 . Duties of board -- employee qualifications. (1) The board shall establish a statewide service for veterans and their families as provided in this section. The board shall:

(a) actively cooperate with local, state, and federal agencies whose services encompass the affairs of veterans and their families;

(b) promote the general welfare of all veterans and their families;

(c) assist veterans and their families who are residents of this state in filing claims for the benefits to which they are entitled. In carrying out this duty, the board and its accredited employees shall, upon the request of an eligible claimant, act as agents for the claimant in developing and presenting claims for benefits provided under Title 38 of the United States Code. The board shall seek to secure speedy and just action for each claimant. A board employee officially acting as an agent on behalf of a claimant must be properly accredited and recognized pursuant to 38 CFR 14.628 and 14.629.

(d) officially advocate for the fair treatment of Montana's veterans and their families by the U.S. department of veterans affairs with respect to claims processing, health care services, and other veteran-related programs and inform veterans and their family members of all available grievance procedures;

(e) develop and implement an information and communication program to keep veterans and their family members informed about available federal, state, and community-based services and benefits. The program may include but is not limited to:

(i) development and distribution of a services and benefits directory;

(ii) regular public service announcements through various media;

(iii) information to assist veterans and their family members in obtaining federal benefits and treatment services related to depleted uranium exposure, including a best practice health screening of any veteran who:

(A) has been identified pursuant to department of defense policy as having possible level I, II, or III exposure to depleted uranium;

(B) is referred for a health screening by a military physician; or

(C) may have been exposed to depleted uranium during service in a combat zone.

(iv) an internet website with information and links relevant to veterans and their families and including information about board meetings and activities related to veterans' affairs; and

(v) a quarterly newsletter, which may be printed or electronically distributed by e-mail or by posting it to an appropriate website.

(f) seek grants to help fund veterans' programs established pursuant to this section;

(g) develop a memorandum of understanding with the federal veterans' employment and training service and with other appropriate entities to facilitate interagency cooperation, such as resource sharing, cross-training, data and information sharing, and service delivery coordination;

(h) establish management tools, including but not limited to needs assessments, policy statements, program goals and objectives, performance measures, and program evaluation criteria;

(i) prepare a biennial report to the governor, the department of military affairs, the state administration and veterans' affairs interim committee in accordance with 5-11-210 , and veterans' service organizations. The report must include but is not limited to Montana veteran demographic information, the financial impact of division benefit claim services received by Montana veterans, and a summary of the general and special revenue budgets and expenditures for veterans' affairs.

(j) request legislation responsive to identified needs.

(2) Employees of the board must be residents of this state. Whenever possible, all employees of the board must have served in the military forces of the United States during World War I, World War II, the Korean war, the Vietnam conflict, or other period of conflict involving the United States military overseas and must have been honorably discharged. Preference for employment must be given to disabled veterans.

(3) The adjutant general shall hire an administrator to implement board policy and carry out the duties of the board.
Mont. Code Ann. § 10-4-213 — MT Code / Title 10 / Chapter 4 / Part 2 / Section 10-4-213
10-4-213 Collection of charge -- prepaid wireless services
Status: in_force

10-4-213 . Collection of charge -- prepaid wireless services. (1) (a) Except as provided in subsections (1)(d) and (3), a seller shall collect the fee imposed pursuant to 10-4-201 (1)(b) from the subscriber for each transaction occurring in Montana.

(b) The fee imposed pursuant to 10-4-201 (1)(b) must be stated separately on an invoice, receipt, or other similar document provided to the subscriber by the seller or otherwise disclosed to the subscriber.

(c) A transaction is considered to have occurred in Montana if:

(i) the sale to the subscriber occurs at a business located in Montana;

(ii) the prepaid wireless service is delivered to the subscriber at a Montana address provided to the seller;

(iii) the seller's records that are maintained in the ordinary course of business indicate that the subscriber's address is in Montana, and the records are not made or kept in bad faith;

(iv) the subscriber gives a Montana address during the consummation of the transaction, including the subscriber's payment instrument, if no other address is available, and the address is not given in bad faith; or

(v) the subscriber's mobile telephone number is associated with a location in Montana.

(d) If the amount of a prepaid wireless service is denominated as 10 minutes or less or as $5 or less, a seller is not required to collect the fee imposed pursuant to 10-4-201 (1)(b).

(2) Beginning in the second quarter of 2022, a seller may deduct and retain 2% of the fee for each transaction collected in accordance with 10-4-201 (1)(b).

(3) A business entity may collect and remit the fee in accordance with this chapter for each seller directly or indirectly owned or operated by that business entity.
Mont. Code Ann. § 10-1-1010 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1010
10-1-1010 Appointment of acting officials
Status: in_force

10-1-1010 . Appointment of acting officials. (1) When an elected official is ordered to military service, an acting official must be appointed as provided in this section if:

(a) the elected official is precluded pursuant to federal law from performing the official duties of the office; or

(b) the elected official requests the appointment of an acting official.

(2) If an acting official is appointed, the acting official shall take any oath of office required to assume the office, shall exercise all the rights, powers, and duties vested in the office, and must be provided with all the employment rights and benefits associated with the position until the elected official is restored to office pursuant to 10-1-1008 (5) or the elected official's term expires, whichever occurs first.

(3) (a) The governor shall appoint the acting official for any office elected by the state at large and for the office of district judge, public service commissioner, or any other elected regional or district office of the state.

(b) An acting official for a legislative district must be appointed using the procedures in 5-2-402 .

(c) The board of county commissioners shall appoint the acting official for any elected office of a county.

(d) The city or town council shall appoint the acting official for any elected office of a city or town.

(4) For any elected office not covered under subsection (3), the governing body shall determine the method by which an acting official may be appointed pursuant to this section.

(5) An appointment of an acting official pursuant to this section must be made for a period not to exceed the unexpired term for the office and subject to the right of the elected official to be restored to the office upon returning from the military service, as provided in 10-1-1008 (5).
Mont. Code Ann. § 10-1-702 — MT Code / Title 10 / Chapter 1 / Part 7 / Section 10-1-702
10-1-702 Gubernatorial rules for guard
Status: in_force

10-1-702 . Gubernatorial rules for guard. The home guard shall be organized, armed, equipped, maintained, disciplined, governed, administered, and trained under rules prescribed by the governor. These rules shall conform to federal law and regulations.
Mont. Code Ann. § 10-1-1302 — MT Code / Title 10 / Chapter 1 / Part 13 / Section 10-1-1302
10-1-1302 Montana military family relief fund -- purpose -- administration
Status: in_force

10-1-1302 . Montana military family relief fund -- purpose -- administration. (1) There is a Montana military family relief fund.

(2) The purpose of the fund is to aid members and their family members through the hardships of military service.

(3) The department shall administer the fund as provided in this part.
Mont. Code Ann. § 10-3-910 — MT Code / Title 10 / Chapter 3 / Part 9 / Section 10-3-910
10-3-910 Intrastate mutual aid system -- reimbursement -- dispute resolution
Status: in_force

10-3-910 . Intrastate mutual aid system -- reimbursement -- dispute resolution. (1) A requesting member jurisdiction shall reimburse each member jurisdiction that responds to a request for aid or assistance and renders aid under the system unless the member jurisdiction rendering aid donates all or a portion of the cost of the assistance to the requesting member jurisdiction.

(2) A request for reimbursement must be in accordance with procedures developed by the committee.

(3) If a dispute regarding reimbursement arises between a party that requested assistance under the system and a party that provided assistance under the system, the involved parties shall make every effort to resolve the dispute within 30 days of written notice of the dispute given by the party asserting noncompliance to the other party.

(4) (a) If the dispute is not resolved within 90 days from the date of the notice, either party may request that the dispute be resolved through arbitration.

(b) All arbitration occurring under this section must be conducted pursuant to the commercial arbitration rules and mediation procedures of the American arbitration association as the rules and procedures exist on the date of notification described in subsection (3).
Mont. Code Ann. § 10-2-106 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-106
10-2-106 Acceptance of federal funds or other funds
Status: in_force

10-2-106 . Acceptance of federal funds or other funds. (1) The board may accept from the federal government or any of its agencies any funds made available to carry out the activities and purposes of the board as identified in 10-2-102 . Federal funds must be deposited in the veterans' services federal account established in 10-2-112 (4).

(2) The board may accept gifts, grants, or donations from other public or private sources, which must be used within the scope of activities and purposes identified in 10-2-102 or as otherwise authorized by the board.

(3) Gifts, grants, or donations must be deposited in the veterans' services account established in 10-2-112 (1) unless specifically assigned by the donor to the special revenue account for state veterans' cemeteries established in 10-2-603 .
Mont. Code Ann. § 10-1-1515 — MT Code / Title 10 / Chapter 1 / Part 15 / Section 10-1-1515
10-1-1515 Variance
Status: in_force

10-1-1515 . Variance. (1) A person intending to erect or increase the height of a structure or use property in a manner that is not in accordance with the requirements of the regulations adopted pursuant to this part may apply to the governing body or an enforcement officer appointed for this purpose by the governing body for a variance from the regulations.

(2) If an enforcement officer has been appointed by the governing body, the decision of the officer is final unless it is appealed to either the governing body or the military affected area appeals board, if one exists.

(3) A variance must be granted when a literal application or enforcement of the regulations would result in substantial practical difficulty or unnecessary hardship and when the variance would not be contrary to military missions.

(4) A variance must be granted for a nonconforming use when there is no immediate hazard to safe flying operations or to persons and property in the vicinity of the military affected area and when the noise or vibrations from normal and anticipated normal military operations would not be likely to cause damage to structures.

(5) A variance granted under this section may require the owner of a structure to allow the political subdivision, at the owner's expense, to install, operate, and maintain the lights and markers necessary to warn pilots of the presence of a military affected area hazard.

(6) A person who builds a structure pursuant to a variance from the military affected area regulations or who takes or buys property in a military affected area for which a variance has been granted is considered to be aware that the military affected area existed before the variance was granted and that normal and anticipated normal military operations may result in noise, vibrations, and fumes being projected over the property. A person using a structure built pursuant to a variance may not seek damages from a governing body, a local government, or the federal government for interference with the enjoyment of that structure caused by noise, vibrations, and fumes from normal and anticipated normal military operations.
Mont. Code Ann. § 10-3-601 — MT Code / Title 10 / Chapter 3 / Part 6 / Section 10-3-601
10-3-601 Citation of part
Status: in_force

10-3-601 . Citation of part. This part may be cited as "The Continuity in Government Act".
Mont. Code Ann. § 10-3-504 — MT Code / Title 10 / Chapter 3 / Part 5 / Section 10-3-504
10-3-504 Emergency resources management plan
Status: in_force

10-3-504 . Emergency resources management plan. The emergency resources management plan must provide an emergency organization and emergency administrative policies and procedures for the conservation, allocation, distribution, and use of essential resources available to the state following a civil defense emergency such as an attack upon the United States. The plan is supplemental to the national plan for emergency preparedness adopted by the president of the United States and becomes operative upon the establishment of a civil defense emergency. To the extent that the federal government is either incapable of or not prepared to conduct its emergency resources management program, the state emergency resources management plan will substitute for and replace the federal program until the time that the federal program becomes effective in the state.
Mont. Code Ann. § 10-2-114 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-114
10-2-114 Patriotic license plates -- surcharge -- disposition
Status: in_force

10-2-114 . Patriotic license plates -- surcharge -- disposition. (1) Subject to 61-3-472 through 61-3-481 and this section, the board may sponsor a generic specialty license plate designed as a patriotic salute to Montana's military veterans.

(2) A Montana resident may purchase patriotic plates for a $15 surcharge to be paid for each original set of plates and each renewal. The surcharge is in addition to the one-time administrative fee charged pursuant to 61-3-480 (1).

(3) The surcharge collected pursuant to this section must be remitted as provided in 61-3-480 and deposited to the veterans' services account established in 10-2-112 (1).
Mont. Code Ann. § 10-3-1106 — MT Code / Title 10 / Chapter 3 / Part 11 / Section 10-3-1106
10-3-1106 Submission of agreement to attorney general
Status: in_force

10-3-1106 . Submission of agreement to attorney general. (1) As a condition precedent to an agreement becoming effective under this part, the agreement must be submitted to and receive the approval of the state attorney general.

(2) The attorney general shall approve an agreement submitted under this part unless the attorney general finds that it is not in proper form, does not meet the requirements set forth in this part, or otherwise does not conform to the laws of Montana. If an agreement is disapproved, the attorney general shall provide a detailed, written statement to the appropriate governing bodies of the fire protection services, emergency medical care providers, and local government subdivisions.

(3) If the attorney general does not disapprove an agreement within 60 days after its submission, it is considered approved.
Mont. Code Ann. § 10-3-110 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-110
10-3-110 Medical services during declared emergency or disaster -- limitation of liability -- administrative disciplinary sanctions
Status: in_force

10-3-110 . Medical services during declared emergency or disaster -- limitation of liability -- administrative disciplinary sanctions. (1) Except as provided in subsection (3), a health care professional licensed to practice in Montana who, in good faith and regardless of compensation, renders or fails to render emergency care, health care services, or first aid during a declared emergency or disaster is not liable for any civil damages or injury unless the damages or injury was caused by gross negligence or willful and wanton misconduct and as a result of:

(a) an act or omission arising out of activities undertaken in response to the disaster or emergency;

(b) any act or omission related to the rendering of or failure to render services; or

(c) evacuation or treatment or the failure to evacuate or provide treatment conducted in accordance with disaster medicine or at the direction of military or government authorities.

(2) A licensing program, licensing board, or any other disciplinary authority in Montana may impose administrative sanctions upon a health care professional for unprofessional conduct in response to a declared public health emergency that occurs in Montana. An administrative disciplinary sanction imposed upon a health care professional who is licensed in another state must be reported to the licensing authority in the health care professional's state and each state in which the health care professional is licensed. The standard of review for administrative disciplinary sanctions must be whether the health care professional exercised good faith clinical judgment given the circumstances under which the judgment was exercised.

(3) This section does not apply to a health care provider employed by the United States, a state, or a political subdivision acting within the scope of the provider's employment or duties.
Mont. Code Ann. § 10-2-101 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-101
10-2-101 Definitions
Status: in_force

10-2-101 . Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:

(1) "Board" means the board of veterans' affairs provided for in 2-15-1205 .

(2) "Veteran" means an honorably discharged individual who served on active duty, other than for training, with the United States armed forces, including an individual who served with the United States coast guard. The term includes individuals who served with the first special service force and the American merchant marine in oceangoing service during the period of armed conflict, December 7, 1941, to August 15, 1945.
Mont. Code Ann. § 10-2-903 — MT Code / Title 10 / Chapter 2 / Part 9 / Section 10-2-903
10-2-903 Reporting requirements -- plan and budget
Status: in_force

10-2-903 . Reporting requirements -- plan and budget. (1) (a) During the interim prior to the availability of the most recent federal census data, the staff of the Montana veterans' affairs division shall present a plan for conducting the study required in 10-2-901 , including a budget estimate, to the state administration and veterans' affairs interim committee.

(b) After hearing the study plan and budget estimate, the state administration and veterans' affairs interim committee may request a committee bill with an appropriation to fund the study.

(2) The Montana veterans' affairs division shall provide at least one update to the state administration and veterans' affairs interim committee while the study is being conducted. The committee may request additional updates as needed.

(3) As soon as possible after the completion of the decennial study, the Montana veterans' affairs division, in consultation with the department of public health and human services, shall prepare a detailed written report and present it to the state administration and veterans' affairs interim committee in accordance with 5-11-210 , including but not limited to results of the study, recommendations for legislative actions, and recommendations for changes to the conduct of future studies.
Mont. Code Ann. § 10-2-107 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-107
10-2-107 Contracts for federal reimbursement funds
Status: in_force

10-2-107 . Contracts for federal reimbursement funds. The governor of this state and the presiding officer and secretary of the board may sign contracts with the federal government or any agency of the federal government for the reimbursement of the board for any work that the board may do for which any federal statute provides reimbursement to the states.
Mont. Code Ann. § 10-3-1305 — MT Code / Title 10 / Chapter 3 / Part 13 / Section 10-3-1305
10-3-1305 Responsibilities of owner
Status: in_force

10-3-1305 . Responsibilities of owner. (1) Prior to shipping high-level radioactive waste or transuranic waste through the state, an owner and the originating shipper if not the owner shall provide to the transporter and to the disaster and emergency services division, within limits set by the regulating federal authority:

(a) a shipment description, including type of waste;

(b) a safety plan, which must be submitted to the disaster and emergency services division and which must include:

(i) the specifications of casks being used to transport the radioactive waste, including how the casks have been tested and certified;

(ii) proof of training of an owner's escorts for emergency situations, including accidents;

(iii) the intended route;

(iv) all safety precautions to be taken to prevent an accident; and

(v) emergency plans for threats to safety;

(c) proof of insurance or an indemnity bond. If the owner and the originating shipper if not the owner is covered by a federal insurance program for the transport of radioactive material, proof of coverage by that program is sufficient. If a federal insurance program does not cover the owner, the owner shall provide proof of a bond or indemnity insurance coverage as required by the regulating federal authority.

(d) proof of a radiotelephone or other working, two-way voice communications device approved by the nuclear regulatory commission for the main transporter and for each escort vehicle.

(2) An owner or the originating shipper if not the owner may not transport through the state any high-level radioactive waste or transuranic waste that is not properly sealed in a cask approved by the regulating federal authority.
Mont. Code Ann. § 10-1-1202 — MT Code / Title 10 / Chapter 1 / Part 12 / Section 10-1-1202
10-1-1202 Statutory appropriation
Status: in_force

10-1-1202 . Statutory appropriation. The payment to a beneficiary certified pursuant to 10-1-1201 is statutorily appropriated, as provided in 17-7-502 , from the general fund to the department of administration.
Mont. Code Ann. § 10-3-906 — MT Code / Title 10 / Chapter 3 / Part 9 / Section 10-3-906
10-3-906 Intrastate mutual aid system -- initial participation -- withdrawing
Status: in_force

10-3-906 . Intrastate mutual aid system -- initial participation -- withdrawing. (1) There is a Montana intrastate mutual aid system. The system is composed of and may be described as:

(a) the member jurisdictions and any action taken by a member jurisdiction pursuant to this part;

(b) the committee and any action taken by the committee pursuant to this part;

(c) the guidelines and procedures described in 10-3-905 (4);

(d) any action taken with respect to requesting assistance for an emergency or disaster under this part; and

(e) any action taken with respect to responding to a request for assistance for an emergency or disaster under this part.

(2) Except as provided in subsection (4), every political subdivision of the state is part of the system.

(3) A federally recognized Indian tribe that is located within the boundaries of the state may be a member jurisdiction upon:

(a) adoption by the tribal government of a resolution declaring the tribe's desire to be a member jurisdiction; and

(b) receipt by the division, as defined in 10-3-103 , of a copy of the resolution.

(4) A member jurisdiction may elect not to participate or to withdraw from the system upon:

(a) adopting a resolution or ordinance declaring that the member jurisdiction elects not to participate in the system; and

(b) receipt by the division, as defined in 10-3-103 , of a copy of the resolution.

(5) This section does not preclude a member jurisdiction from entering into any other agreement with another political subdivision and does not affect any other agreement to which a political subdivision is a party or may become a party.
Mont. Code Ann. § 10-2-801 — MT Code / Title 10 / Chapter 2 / Part 8 / Section 10-2-801
10-2-801 Short title
Status: in_force

10-2-801 . Short title. This part may be cited as the "Montana Honor and Remember Act".
Mont. Code Ann. § 10-1-1020 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1020
10-1-1020 Jurisdiction -- venue -- standing -- respondent -- time limit -- expedited hearing
Status: in_force

10-1-1020 . Jurisdiction -- venue -- standing -- respondent -- time limit -- expedited hearing. In any lawsuit initiated pursuant to this part:

(1) the lawsuit must be brought in the district court in the county in which the claimant's employer maintains a place of business;

(2) the lawsuit may be initiated only by a person claiming a right or benefit under this part or by the state attorney general as provided in 10-1-1018 ;

(3) only an employer may be a necessary party respondent;

(4) the lawsuit must be commenced within 3 years of when the claimant can reasonably be expected to have discovered the facts constituting a violation of the claimant's rights or benefits pursuant to this part; and

(5) the court shall order a speedy hearing and shall advance the case on the court's calendar.
Mont. Code Ann. § 10-1-1504 — MT Code / Title 10 / Chapter 1 / Part 15 / Section 10-1-1504
10-1-1504 Designation of military affected areas -- public hearing required -- joint regulation board authorized
Status: in_force

10-1-1504 . Designation of military affected areas -- public hearing required -- joint regulation board authorized. (1) A governing body of a political subdivision within which military operations occur may, in consultation with the appropriate military authority, designate a military affected area and may adopt, administer, and enforce military affected area regulations.

(2) The designation of a military affected area must be accompanied by maps and legal descriptions of the military affected area.

(3) (a) Before a governing body designates a military affected area and adopts or amends regulations governing the military affected area, the governing body shall hold at least one public hearing.

(b) The notice of the public hearing must be published as provided in 7-1-2121 if the governing body is a county commission or the commissioners of a regional airport authority and as provided in 7-1-4127 if the governing body is a city commission, a town council, or the commissioners of a municipal airport authority.

(4) If a military affected area encompasses land within the boundaries of more than one political subdivision, the governing bodies of the political subdivisions may by ordinance or resolution create a joint military affected area regulation board. The joint board must have two members appointed by the governing body of each political subdivision participating in its creation, and a presiding officer must be elected by a majority of the members appointed. The joint board shall consider the zoning regulations and ordinances of each affected political subdivision in developing its recommendations, but the board's recommendations are not binding on the governing bodies of any of the affected political subdivisions.

(5) A governing body may not designate land that is more than 1,200 feet from a launch control center or missile location as part of a military affected area.
Mont. Code Ann. § 10-4-207 — MT Code / Title 10 / Chapter 4 / Part 2 / Section 10-4-207
10-4-207 Statute of limitations
Status: in_force

10-4-207 . Statute of limitations. (1) Except as provided in subsection (3), a deficiency may not be assessed or collected with respect to the year for which a return is filed unless the notice of the additional fee proposed to be assessed is mailed within 5 years from the date the return was filed. For purposes of this section, a return filed before the last day prescribed for filing is considered as filed on the last day. If the taxpayer, before the expiration of the period prescribed for assessment of the fee, consents in writing to an assessment after that time, the fee may be assessed at any time prior to the expiration of the period agreed upon.

(2) A refund or credit may not be allowed or paid with respect to the year for which a return is filed after 5 years from the last day prescribed for filing the return or after 1 year from the date of the overpayment, whichever period expires later, unless before the expiration of the period the taxpayer files a claim or the department of revenue determines the existence of the overpayment and approves the refund or credit. If the taxpayer has agreed in writing under the provisions of subsection (1) to extend the time within which the department of revenue may propose an additional assessment, the period within which a claim for refund or credit may be filed or a credit or refund allowed if no claim is filed is automatically extended.

(3) If a return is required to be filed and the taxpayer fails to file the return, the tax may be assessed or an action to collect the tax may be brought at any time. If a return is required to be filed and the taxpayer files a fraudulent return, the 5-year period provided for in subsection (1) does not begin until discovery of the fraud by the department of revenue.
Mont. Code Ann. § 10-1-304 — MT Code / Title 10 / Chapter 1 / Part 3 / Section 10-1-304
10-1-304 Retirement of enlisted members
Status: in_force

10-1-304 . Retirement of enlisted members. An enlisted member of the national guard must be retired by order of the governor for the following reasons:

(1) upon loss of active reserve status; or

(2) unfitness for military service because of a physical disability.
Mont. Code Ann. § 10-4-116 — MT Code / Title 10 / Chapter 4 / Part 1 / Section 10-4-116
10-4-116 Limitation on liability
Status: in_force

10-4-116 . Limitation on liability. (1) Except as provided in subsection (2), a provider and its employees, directors, officers, and agents are not liable for death or injury to any person or for damage to property as a result of developing, adopting, establishing, participating in, implementing, maintaining, or carrying out duties involved in or related to a 9-1-1 system or to emergency communications or 9-1-1 calls, including but not limited to the identification of phone numbers, addresses, or names associated with a person involved in an emergency communication or 9-1-1 call.

(2) The immunity granted by subsection (1) does not extend to liability resulting from gross negligence, willful or wanton misconduct, or an intentional tort.
Mont. Code Ann. § 10-4-306 — MT Code / Title 10 / Chapter 4 / Part 3 / Section 10-4-306
10-4-306 9-1-1 grants
Status: in_force

10-4-306 . 9-1-1 grants. (1) The department shall, in consultation with the 9-1-1 advisory council created pursuant to 10-4-105 , award competitive grants annually using the account established pursuant to 10-4-304 (2)(b) for private telecommunications providers and for local and tribal government entities that host public safety answering points. Grants must be awarded to private telecommunications providers or to local or tribal government entities that host public safety answering points or to all in accordance with this section and with rules adopted by the department in accordance with 10-4-108 .

(2) In accordance with subsection (3), grants may be awarded to private telecommunications providers and to local or tribal government entities that host public safety answering points for:

(a) emergency telecommunications systems plans;

(b) project feasibility studies or project plans;

(c) the implementation, operation, and maintenance of 9-1-1 systems, equipment, devices, and data; and

(d) the purchase of services that support 9-1-1 systems.

(3) In awarding grants, preference must be given to applications in the following order of priority:

(a) requests by private telecommunications providers or by local or tribal government entities that host public safety answering points by working with a private telecommunications provider; and

(b) requests by local or tribal government entities that host public safety answering points.

(4) Nothing in this section prevents a local or tribal government entity that hosts a public safety answering point in accordance with this section from:

(a) providing grant money received by the local or tribal government entity to a private telecommunications provider for 9-1-1 purposes; or

(b) collaborating with another local or tribal government entity on a joint grant application.
Mont. Code Ann. § 10-2-416 — MT Code / Title 10 / Chapter 2 / Part 4 / Section 10-2-416
10-2-416 Pledge to continue operation and maintenance
Status: in_force

10-2-416 . Pledge to continue operation and maintenance. Pursuant to 38 U.S.C. 8134 and 8135(a)(6), the state shall appropriate funds either from the general fund or from funds generated under 16-11-111 to the department of public health and human services for financial support necessary to provide for continued operation and maintenance of the state homes for veterans in eastern Montana and southwestern Montana. The department of public health and human services shall contract with a private vendor to provide for the operation of the eastern Montana veterans' home and the southwestern Montana veterans' home and may charge the contract vendor a rental fee for the maintenance and upkeep of the facility.
Mont. Code Ann. § 10-3-1306 — MT Code / Title 10 / Chapter 3 / Part 13 / Section 10-3-1306
10-3-1306 Transportation of radioactive waste through state -- notification -- responsibilities of division
Status: in_force

10-3-1306 . Transportation of radioactive waste through state -- notification -- responsibilities of division. (1) A person or entity may not ship high-level radioactive waste or transuranic waste through the state by rail or motor carrier unless the person or entity first notifies the disaster and emergency services division and the department of transportation, pays the appropriate fees, and obtains a permit.

(2) Upon receiving the notification required under subsection (1), the disaster and emergency services division shall notify the highway patrol, the public service commission, or other agencies as appropriate.

(3) The disaster and emergency services division shall reimburse the highway patrol for expenses incurred in monitoring or escorting motor carriers, as provided in 10-3-1308 , from money collected in the radioactive waste transportation monitoring, emergency response, and training account created in 10-3-1304 .
Mont. Code Ann. § 10-3-1307 — MT Code / Title 10 / Chapter 3 / Part 13 / Section 10-3-1307
10-3-1307 Responsibilities of department of transportation -- assessment and collection of fees -- issuance of permits -- inspection of motor carriers
Status: in_force

10-3-1307 . Responsibilities of department of transportation -- assessment and collection of fees -- issuance of permits -- inspection of motor carriers. (1) After receiving notification from the person or entity that plans to ship high-level radioactive waste or transuranic waste through the state, the department of transportation shall assess fees according to the following schedule:

(a) a fee of $2,500 must be assessed for each cask designed for transport by truck; and

(b) a fee of $4,500 must be assessed for the first cask designed for transport by rail and a fee of $3,000 for each additional cask designed for transport by rail that is shipped by the same person or entity in the same shipment.

(2) Payment of the fees provided in subsection (1) is the responsibility of the person or entity who owns the waste.

(3) Upon receipt of the fees provided in subsection (1), the department of transportation shall issue to the owner of the waste a permit that must be carried with the waste as it is traveling through the state.

(4) The department of transportation shall deposit all of the fees collected under this section in the radioactive waste transportation monitoring, emergency response, and training account created in 10-3-1304 .

(5) If the waste is to be transported through the state by motor carrier, the department of transportation shall coordinate with the highway patrol on the inspection of the motor carrier by the motor carrier services division.

(6) This section does not exempt the operator of a motor carrier from any of the provisions of Title 61, chapter 10, from Title 69, chapter 12, or from any other law that applies to the operation of motor vehicles in Montana.

(7) Fees under this section must be assessed regardless of ownership, and 61-3-321 (14) and 61-10-127 do not apply.
Mont. Code Ann. § 10-3-1211 — MT Code / Title 10 / Chapter 3 / Part 12 / Section 10-3-1211
10-3-1211 Notification of release
Status: in_force

10-3-1211 . Notification of release. (1) A person responsible for reporting a release under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9603, shall, as soon as practicable after obtaining the knowledge of a required reportable release, other than a permitted release, notify the division of the release.

(2) The division shall notify the commission of releases or threatened releases as defined in the plan.

(3) The division shall immediately notify the department of environmental quality of any release reported and who will respond according to the plan.

(4) Any person who does not make notification in accordance with the provisions of this section is liable for a civil penalty not to exceed $10,000 for each day the violation continues to a maximum of $100,000. These penalties are in addition to any other penalties imposed by law. All penalties collected must be deposited in the environmental contingency account provided for in 75-1-1101 .

(5) Compliance with the reporting requirements of this section does not relieve any person of the obligation to report the same incident under any other applicable state or federal law, regulation, or other requirement.
Mont. Code Ann. § 10-3-501 — MT Code / Title 10 / Chapter 3 / Part 5 / Section 10-3-501
10-3-501 Policy of state
Status: in_force

10-3-501 . Policy of state. (1) The legislature recognizes that an enemy attack upon the United States is a possibility; that such an attack might be of unprecedented size and destructiveness; that a considerable period of time may elapse after an enemy attack before federal operational control over the management of resources can be instituted; and that federal planning and activities with respect to postattack recovery and rehabilitation are predicated on the ability of the states and their political subdivisions to prepare for and respond promptly to the problems created by an enemy attack. Therefore, it is necessary to confer upon the governor and upon the executive heads of governing bodies of political subdivisions of this state the emergency powers provided for in this part.

(2) It is the purpose of this part and the policy of this state that all resource management functions of this state be coordinated to the maximum extent with the comparable functions of the federal government, of other states and localities, and of private agencies to the end that the most effective preparation and use may be made of available personnel, resources, and facilities in an emergency.
Mont. Code Ann. § 10-1-1303 — MT Code / Title 10 / Chapter 1 / Part 13 / Section 10-1-1303
10-1-1303 Fund account -- statutory appropriation
Status: in_force

10-1-1303 . Fund account -- statutory appropriation. (1) There is a Montana military family relief fund account in the state special revenue fund provided for in 17-2-102 . All money transferred to the fund by the legislature, all monetary contributions, gifts, and grants donated to the fund, all contributions made to the fund pursuant to 15-30-2392 , and all interest and income earned on money in the account must be deposited into the account.

(2) Money in the account is statutorily appropriated, as provided in 17-7-502 , to the department for the purposes of this part.
Mont. Code Ann. § 10-3-903 — MT Code / Title 10 / Chapter 3 / Part 9 / Section 10-3-903
10-3-903 Statewide mutual aid system -- definitions
Status: in_force

10-3-903 . Statewide mutual aid system -- definitions. As used in this part, the following definitions apply:

(1) "Committee" means the Montana intrastate mutual aid committee created in 10-3-904 .

(2) "Disaster" has the meaning provided in 10-3-103 .

(3) "Emergency" has the meaning provided in 10-3-103 .

(4) "Member jurisdiction" means the state of Montana or a political subdivision or a federally recognized Indian tribe that participates in the system.

(5) "System" means the Montana intrastate mutual aid system provided for in 10-3-906 .
Mont. Code Ann. § 10-4-119 — MT Code / Title 10 / Chapter 4 / Part 1 / Section 10-4-119
10-4-119 Public safety agencies and public safety answering points -- notification of service requests
Status: in_force

10-4-119 . Public safety agencies and public safety answering points -- notification of service requests. A public safety answering point must immediately notify a public safety agency with jurisdictional responsibilities of a request for service in the agency's jurisdiction, even when the answering point does not dispatch emergency services, and transfer or relay emergency communications to that public safety agency.
Mont. Code Ann. § 10-1-203 — MT Code / Title 10 / Chapter 1 / Part 2 / Section 10-1-203
10-1-203 Retirement of officers
Status: in_force

10-1-203 . Retirement of officers. (1) An officer of the national guard must be retired by order of the governor for the following reasons:

(a) upon loss of federal recognition; or

(b) unfitness for military service because of a physical disability.

(2) An officer is retired from the militia with the grade and rank held at the time of retirement.
Mont. Code Ann. § 10-3-120 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-120
10-3-120 Rulemaking authority
Status: in_force

10-3-120 . Rulemaking authority. The department of labor and industry may adopt rules necessary to implement 10-3-118 and 10-3-119 to recognize and register out-of-state volunteer professionals.
Mont. Code Ann. § 10-1-1002 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1002
10-1-1002 Purpose -- legislative intent
Status: in_force

10-1-1002 . Purpose -- legislative intent. The purpose of this part is to recognize the importance of the service performed by Montana national guard members and the national guard members of other states who are employed in Montana and to protect the employment rights of national guard members who may be called to state military duty. The legislature also supports the efforts and sacrifices of the employers of Montana national guard members and the national guard members of other states who are employed in Montana and intends that this part will provide a means for national guard members and employers to work cooperatively to resolve any workplace issues.
Mont. Code Ann. § 10-1-1512 — MT Code / Title 10 / Chapter 1 / Part 15 / Section 10-1-1512
10-1-1512 Permit system
Status: in_force

10-1-1512 . Permit system. (1) The regulations adopted pursuant to this part must provide for a permit system for erecting new structures, changing uses of land or structures, and substantially altering or replacing existing structures within the military affected area.

(2) A permit may not be granted that would allow the establishment of an incompatible use or that would allow a nonconforming use or structure to become a greater hazard or cause greater incompatibility with the military affected area.
Mont. Code Ann. § 10-1-1001 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1001
10-1-1001 Short title
Status: in_force

10-1-1001 . Short title. This part may be cited as the "Montana Military Service Employment Rights Act".
Mont. Code Ann. § 10-3-1210 — MT Code / Title 10 / Chapter 3 / Part 12 / Section 10-3-1210
10-3-1210 Controlling provisions for state of emergency -- liability of responsible persons
Status: in_force

10-3-1210 . Controlling provisions for state of emergency -- liability of responsible persons. In the event that a state of emergency is declared by proper authority pursuant to 10-3-303 , as the result of a hazardous material incident, the provisions of 10-3-303 govern.
Mont. Code Ann. § 10-1-106 — MT Code / Title 10 / Chapter 1 / Part 1 / Section 10-1-106
10-1-106 Proclamation of martial rule
Status: in_force

10-1-106 . Proclamation of martial rule. (1) Subject to subsections (2) and (3), when the militia is employed in aid of civil authority, the governor may by proclamation declare any part of a county or municipality in which troops are serving to be subject to martial rule.

(2) The governor shall confer with the president of the senate and the speaker of the house on a continual basis throughout the duration of a proclamation.

(3) A proclamation of martial rule is void after 21 days unless a majority of the members in each house vote to approve the proclamation through a poll of the legislature as provided in 10-3-122 or through joint resolution in a regular or special session. A ballot that is not returned by the deadline established by the secretary of state is considered a vote to discontinue martial rule.
Mont. Code Ann. § 10-3-701 — MT Code / Title 10 / Chapter 3 / Part 7 / Section 10-3-701
10-3-701 Short title
Status: in_force

10-3-701 . Short title. This part may be cited as the "Tactical Incident Assistance Act".
Mont. Code Ann. § 10-1-1304 — MT Code / Title 10 / Chapter 1 / Part 13 / Section 10-1-1304
10-1-1304 Definitions
Status: in_force

10-1-1304 . Definitions. As used in this part, the following definitions apply:

(1) "Account" means the Montana military family relief fund account established in 10-1-1303 .

(2) "Contingency operation" means an assignment within the provisions of 10 U.S.C. 101(a)(13).

(3) "Family member" means a person who has been approved as a dependent of a member and is enrolled as a dependent of the member in the defense enrollment eligibility reporting system of the United States department of defense.

(4) "Fund" means the Montana military family relief fund established in 10-1-1302 .

(5) "Member" means:

(a) a member of the Montana army national guard;

(b) a member of the Montana air national guard; or

(c) a Montana resident who is a member of the reserve component, as defined in 38 U.S.C. 101, and who, beginning July 1, 2007, or after, is on active duty for federal service in a contingency operation.
Mont. Code Ann. § 10-2-604 — MT Code / Title 10 / Chapter 2 / Part 6 / Section 10-2-604
10-2-604 Authority to exercise eminent domain for purposes of establishing veterans' cemetery
Status: in_force

10-2-604 . Authority to exercise eminent domain for purposes of establishing veterans' cemetery. The board of veterans' affairs may take property for public use for a veterans' cemetery or place of burial of the dead. The power of eminent domain must be exercised under the provisions of Title 70, chapter 30.
Mont. Code Ann. § 10-2-1306 — MT Code / Title 10 / Chapter 2 / Part 13 / Section 10-2-1306
10-2-1306 Release of military discharge documents -- rulemaking
Status: in_force

10-2-1306 . Release of military discharge documents -- rulemaking. (1) Subject to subsection (2), the veterans' affairs division of the Montana department of military affairs shall release on request a military discharge document that is dated 62 years or more before the date on which the request is made and that is a public record pursuant to 5 U.S.C. 552a and implementing federal regulations.

(2) (a) A request for a military discharge document under this section must be made on a form prescribed by the board and contain enough information to make the document discoverable.

(b) If a military discharge document contains a social security number, that number must be redacted before the document is released.

(3) The board may adopt rules to administer this section.
Mont. Code Ann. § 10-2-113 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-113
10-2-113 Rulemaking authority
Status: in_force

10-2-113 . Rulemaking authority. The board shall adopt rules in accordance with the Montana Administrative Procedure Act provided for in Title 2, chapter 4, to implement the provisions of this part.
Mont. Code Ann. § 10-1-1022 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1022
10-1-1022 Special revenue account for payment to claimants
Status: in_force

10-1-1022 . Special revenue account for payment to claimants. (1) There is an account in the state special revenue fund to the credit of the department of justice for the payment of compensation awarded by a court pursuant to 10-1-1021 .

(2) In a lawsuit by the state attorney general under 10-1-1018 , if paid compensation or liquidated damages are awarded, the money awarded must be deposited in the state special revenue account and be paid from the account directly to the complainant on order of the state attorney general.

(3) If payment cannot be made to a complainant within 3 years, the payment must be forwarded to the Montana department of revenue and classified as unclaimed property subject to the provisions of Title 70, chapter 9, part 8.
Mont. Code Ann. § 10-3-1203 — MT Code / Title 10 / Chapter 3 / Part 12 / Section 10-3-1203
10-3-1203 Definitions
Status: in_force

10-3-1203 . Definitions. As used in this part, the following definitions apply:

(1) "Commission" means the state emergency response commission.

(2) "Division" means the division of disaster and emergency services in the department of military affairs.

(3) "Duration of response" means a period of time beginning when an emergency responder is requested by the appropriate authority to respond to an incident and ending when the responder is released from the incident by the incident commander and returned to the emergency responder's place of residence by the most direct route and includes the time required to replace and return all materials used for the incident to the same or similar condition and state of readiness as before the response.

(4) "Hazardous material" means a hazardous substance, a hazardous or deleterious substance as defined in 75-10-701 , radioactive material, or a combination of a hazardous substance, a hazardous or deleterious substance, and radioactive material.

(5) "Hazardous material incident" means an event involving the release or threat of release involving hazardous material that may cause injury to persons, the environment, or property.

(6) "Hazardous material incident response team" means an organized group of trained response personnel, operating under an emergency response plan and appropriate standard operating procedures, that is expected to perform work to control an actual release or threatened release of hazardous material requiring close approach to the material, to respond to releases or threatened releases of hazardous material for the purpose of control or stabilization of the incident, and to provide technical assistance to local jurisdictions.

(7) (a) "Hazardous substance" means flammable solids, semisolids, liquids, or gases; poisons; explosives; corrosives; compressed gases; reactive or toxic chemicals; irritants; or biological agents.

(b) The term does not include radioactive material.

(8) "Incident commander" means the person who is designated in the local emergency operations plan.

(9) "Local emergency operations plan" means the local and interjurisdictional disaster and emergency plan developed pursuant to 10-3-401 .

(10) "Local emergency response authority" means the agency designated by the city or county to be responsible for the management of a hazardous material incident at the local level.

(11) "Plan" means the hazardous material response support plan.

(12) (a) "Radioactive material" means any material or combination of material that spontaneously emits ionizing radiation.

(b) The term does not include material in which the specific activity is not greater than 0.002 microcuries per gram of material unless the material is determined to be radioactive by the U.S. environmental protection agency or the U.S. occupational safety and health administration.

(13) "Threat of release" or "threatened release" means an indication of the possibility of the release of a hazardous material into the environment.
Mont. Code Ann. § 10-1-501 — MT Code / Title 10 / Chapter 1 / Part 5 / Section 10-1-501
10-1-501 Pay for militia
Status: in_force

10-1-501 . Pay for militia. (1) When the organized militia is ordered into active duty as provided for in Article VI, section 13, of the constitution of this state, warrants for pay and expenses must be drawn upon funds appropriated by the legislature.

(2) If national guard members are placed on state duty for special work pursuant to 10-1-505 , the members are entitled to pay and allowances as provided in 10-1-502 (4). Warrants for pay and allowances for state duty for special work must be drawn upon funds appropriated by the legislature.
Mont. Code Ann. § 10-3-1103 — MT Code / Title 10 / Chapter 3 / Part 11 / Section 10-3-1103
10-3-1103 Definitions
Status: in_force

10-3-1103 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Emergency medical care provider" means a local government subdivision or other entity, whether public or private, licensed by the state to provide emergency medical services pursuant to Title 50, chapter 6.

(2) "Fire protection service" means a governmental fire agency organized under Title 7, chapter 33, or another fire suppression entity organized under the laws of this state, any other state, or an agency of the government of the United States.

(3) "Local government subdivision" means the local governmental entity, other than state government, including but not limited to incorporated towns and cities, townships, and counties.

(4) "Mutual aid agreement" or "agreement" means an agreement, consistent with the purposes of this part, by one or more fire protection services, emergency medical care providers, or local government subdivisions of this state with one or more fire protection services, emergency medical care providers, or local government subdivisions of any other state or the United States.

(5) "Party emergency service" means a fire protection service, emergency medical care provider, local government subdivision, or agency of the United States that is a party to a mutual aid agreement as provided in this part.
Mont. Code Ann. § 10-1-1403 — MT Code / Title 10 / Chapter 1 / Part 14 / Section 10-1-1403
10-1-1403 Administration and staff
Status: in_force

10-1-1403 . Administration and staff. Subject to 32 U.S.C. 509 and its implementing regulations and applicable agreements, the youth challenge program may be staffed by an administrator and the professional, technical, secretarial, and clerical employees necessary for the performance of the youth challenge program's functions.
Mont. Code Ann. § 10-3-1101 — MT Code / Title 10 / Chapter 3 / Part 11 / Section 10-3-1101
10-3-1101 Short title
Status: in_force

10-3-1101 . Short title. This part shall be known and may be cited as the "Interstate Emergency Services Mutual Aid Act".
Mont. Code Ann. § 10-3-402 — MT Code / Title 10 / Chapter 3 / Part 4 / Section 10-3-402
10-3-402 Local emergency -- declaration and termination
Status: in_force

10-3-402 . Local emergency -- declaration and termination. (1) A local emergency proclamation or disaster declaration may be issued only by the principal executive officer of a political subdivision.

(2) An emergency proclamation may be issued by order or resolution whenever the principal executive officer determines there is an emergency.

(3) An emergency proclamation may terminate with a disaster declaration or when the principal executive officer determines that the emergency no longer exists.
Mont. Code Ann. § 10-3-1107 — MT Code / Title 10 / Chapter 3 / Part 11 / Section 10-3-1107
10-3-1107 Filing of agreement
Status: in_force

10-3-1107 . Filing of agreement. Within 20 days after approval by the attorney general, an agreement made pursuant to this part must be filed in the office of:

(1) each clerk and recorder of each county of this state where the principal office of one of the parties to the agreement is located; and

(2) the secretary of state.
Mont. Code Ann. § 10-1-1017 — MT Code / Title 10 / Chapter 1 / Part 10 / Section 10-1-1017
10-1-1017 Enforcement and investigative powers of department
Status: in_force

10-1-1017 . Enforcement and investigative powers of department. To carry out its enforcement and investigative duties under this part, the department has the power to:

(1) enter and inspect the places, question the employees, and investigate the facts, conditions, or matters that the department considers appropriate to determine whether an employer has violated or is about to violate the provisions of this part or that will aid the department in the enforcement of the provisions of this part; and

(2) administer oaths, examine witnesses, issue subpoenas, compel the attendance of witnesses, inspect papers, books, accounts, records, payrolls, documents, and testimony, and take depositions and affidavits relevant to the department's duties under this part.
Mont. Code Ann. § 10-3-908 — MT Code / Title 10 / Chapter 3 / Part 9 / Section 10-3-908
10-3-908 Intrastate mutual aid system -- limitation on assistance -- command and control
Status: in_force

10-3-908 . Intrastate mutual aid system -- limitation on assistance -- command and control. A member jurisdiction's obligation to provide assistance to prevent, respond to, or recover from an emergency or disaster or in drills or exercises is subject to the following conditions:

(1) A member jurisdiction that responds to a request for assistance from a requesting member jurisdiction may withhold resources to the extent necessary to provide reasonable protection and services for the responding jurisdiction.

(2) The personnel of a responding member jurisdiction are under:

(a) the command control of the responding jurisdiction for purposes that include medical protocols, standard operating procedures, and other protocols; and

(b) the operational control of the appropriate officials of the member jurisdiction receiving the assistance.

(3) The assets and equipment of a responding member jurisdiction are under:

(a) the command control of the responding jurisdiction; and

(b) the operational control of the appropriate officials of the member jurisdiction receiving the assistance.
Mont. Code Ann. § 10-2-807 — MT Code / Title 10 / Chapter 2 / Part 8 / Section 10-2-807
10-2-807 Accounts established -- statutory appropriation
Status: in_force

10-2-807 . Accounts established -- statutory appropriation. (1) (a) There is an account in the state special revenue fund provided for in 17-2-102 to the credit of the department for the honor and remember medallion program.

(b) Gifts, grants, and donations provided for the purposes of this part and payments received under 10-2-805 must be deposited to this account.

(c) Money in the account is statutorily appropriated, as provided in 17-7-502 , to the department and may be used only for the purposes of this part.

(2) (a) There is an account in the state special revenue fund provided for in 17-2-102 to the credit of the department for the commemorative memorial coin program.

(b) Gifts, grants, and donations provided for the purposes of this part and payments received under 10-2-805 must be deposited to this account.

(c) Money in the account is statutorily appropriated, as provided in 17-7-502 , to the department and may be used only for the purposes of this part.
Mont. Code Ann. § 10-2-118 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-118
10-2-118 State scholarship for eligible armed forces medal recipients -- special revenue account
Status: in_force

10-2-118 . State scholarship for eligible armed forces medal recipients -- special revenue account. (1) There is a state scholarship program for eligible recipients of a purple heart or a higher medal for combat-related service in the armed forces.

(2) The board shall administer the program pursuant to this section.

(3) A person is eligible for the scholarship provided for in subsection (4) if the person:

(a) is a recipient of the purple heart or a higher medal for combat-related service in the armed forces as verified by an authentic department of defense form 214 (DD 214) or other authentic military discharge form listing awards;

(b) did not receive a dishonorable or other than honorable discharge;

(c) is a resident of Montana; and

(d) has been enrolled for a full academic year as a full-time or part-time student at an accredited public university, public vocational or technical school, or tribal college located in Montana either prior to or after military service, has maintained a grade point average of at least 2.5 on a 4.0 grade point scale, and has reenrolled to continue the student's higher education at the educational institution.

(4) (a) Except as provided in subsection (4)(b), each student who meets the criteria set forth in subsection (3) is eligible to receive a $1,000 scholarship as provided in subsection (5).

(b) An eligible student who does not have any out-of-pocket costs for tuition because the student is a recipient of U.S. department of veterans affairs education benefits is not eligible for a scholarship under this section.

(5) (a) The educational institution in which the eligible student is enrolled shall verify the student's eligibility and apply to the board, on a form prescribed by the board, for the scholarship. Except as provided in subsection (6), upon receipt of the scholarship application, the board shall pay the scholarship money to the educational institution.

(b) The educational institution shall provide the scholarship money to the eligible student in the form of a voucher that the eligible student may apply toward the cost of tuition, books, transportation, or housing.

(6) The scholarship may be paid only to the extent that funding is available. Scholarship awards must be paid in the order that the applications are received by the board. An eligible recipient may receive one scholarship a year for each year the recipient meets the criteria established in subsection (3).

(7) There is a special revenue account to the credit of the department of military affairs for the purposes of this section. Money in the account may be used only to administer the scholarship program and to pay scholarships to eligible recipients under this section.
Mont. Code Ann. § 10-3-1304 — MT Code / Title 10 / Chapter 3 / Part 13 / Section 10-3-1304
10-3-1304 Radioactive waste transportation monitoring, emergency response, and training account -- purpose -- disbursement
Status: in_force

10-3-1304 . Radioactive waste transportation monitoring, emergency response, and training account -- purpose -- disbursement. (1) There is an account in the state special revenue fund to be known as the radioactive waste transportation monitoring, emergency response, and training account administered by the disaster and emergency services division of the department of military affairs.

(2) The money deposited into this account by the department of transportation pursuant to 10-3-1307 may be used only for the following purposes:

(a) to reimburse the highway patrol for expenses incurred in monitoring or providing escorts for motor carriers transporting high-level radioactive waste or transuranic waste through the state;

(b) to provide funding for training local emergency response personnel in handling radioactive waste accidents, spills, and other related emergencies; and

(c) to reimburse local emergency response entities for costs incurred in the event that an accident, spill, or other related emergency occurs.
Mont. Code Ann. § 10-1-905 — MT Code / Title 10 / Chapter 1 / Part 9 / Section 10-1-905
10-1-905 Termination of residential leases and telephone, internet access, and multichannel video programming service contracts
Status: in_force

10-1-905 . Termination of residential leases and telephone, internet access, and multichannel video programming service contracts. (1) A service member on active duty may terminate any residential lease when ordered to a permanent duty station that is more than 60 miles away from the member's current residence.

(2) A service member on active duty who is ordered to a new permanent duty station may terminate a service contract if the service contract:

(a) was entered into before the service member was ordered to the new permanent duty station; and

(b) is not available from the service provider at the same quality or at the same cost at the service member's new permanent duty station.

(3) A service member who terminates a residential lease or a service contract under this section is not liable for early termination fees or other damages arising from early termination.

(4) (a) Termination of a residential lease or a service contract under this section must be made by delivering written notice of termination and a copy of the service member's military orders to the residential lessor or consumer services provider.

(b) Notice may be made by hand delivery, United States mail, or electronic means.

(c) Termination of the residential lease or service contract is not effective until 45 days after delivery of the notice.

(5) As used in this section, "service contract" means a contract for cellular phone service, telephone exchange service, internet access service, or multichannel video programming service.
Mont. Code Ann. § 10-3-121 — MT Code / Title 10 / Chapter 3 / Part 1 / Section 10-3-121
10-3-121 Statement of purpose -- legislative poll -- legislative oversight of election law suspensions
Status: in_force

10-3-121 . Statement of purpose -- legislative poll -- legislative oversight of election law suspensions. (1) In order to prevent an overly broad delegation of legislative powers to the executive branch and to ensure continuity of government during a period of emergency as provided in Article III, section 2, of the Montana constitution, the legislature retains the authority to limit the governor's ability to unilaterally revise election laws while providing a means to provide for a prompt and timely oversight through an expedited polling process.

(2) 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 to suspend the provisions of any statute prescribing the procedures for an election or otherwise control the ingress and egress to a polling location as provided in 10-3-104 (4).

(3) The request must:

(a) state the conditions warranting the poll; and

(b) contain a legislative declaration to temporarily suspend the election laws.

(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:

(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 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 of each house vote to approve the declaration, the declaration that was sent with the ballot has the force and effect of law. A ballot that is not returned by the deadline established by the secretary of state is considered a vote against the declaration.

(6) If the declaration is not approved, the governor may request another legislative poll under the provisions of this section or call a special session of the legislature under the provisions of Article VI, section 11, of the Montana constitution to consider the temporary suspension of the election laws.
Mont. Code Ann. § 10-4-103 — MT Code / Title 10 / Chapter 4 / Part 1 / Section 10-4-103
10-4-103 Emergency telephone system requirements
Status: in_force

10-4-103 . Emergency telephone system requirements. (1) Every local and tribal government in this state may establish or participate in a 9-1-1 system.

(2) A 9-1-1 system must include:

(a) a 24-hour communications facility automatically accessible anywhere in the public safety answering point's service area by dialing 9-1-1;

(b) direct dispatch of public and private safety services in the public safety answering point's service area or relay or transfer of 9-1-1 communications to an appropriate public or private safety agency;

(c) a 24-hour communications facility equipped with at least two trunk-hunting local access circuits provided by the local telephone company's central office;

(d) automatic number identification that automatically identifies and displays the calling telephone number at the public safety answering point; and

(e) automatic location identification that automatically identifies and displays the location of the calling telephone at the public safety answering point.

(3) The primary emergency telephone number within the state is 9-1-1, but a public safety answering point shall maintain both a separate seven-digit secondary emergency number for use by the telephone company operator and a separate seven-digit nonemergency number.
Mont. Code Ann. § 10-3-912 — MT Code / Title 10 / Chapter 3 / Part 9 / Section 10-3-912
10-3-912 Liability -- immunity
Status: in_force

10-3-912 . Liability -- immunity. (1) All activities performed pursuant to a request for assistance as provided for in this part are considered to be governmental functions.

(2) Except as provided in 10-3-911 , a person responding to a request for assistance who is under the operational control of the requesting member jurisdiction, as provided for in 10-3-908 , is considered for the purposes of liability to be an employee of the requesting member jurisdiction.

(3) Except in the case of willful misconduct, gross negligence, or bad faith, the member jurisdiction or an employee of the member jurisdiction is immune from liability for the death of or injury to any person or for damage to property if the member jurisdiction or the employee of the member jurisdiction is complying with or attempting to comply with the system.
Mont. Code Ann. § 10-1-614 — MT Code / Title 10 / Chapter 1 / Part 6 / Section 10-1-614
10-1-614 Unlawful wearing of uniform
Status: in_force

10-1-614 . Unlawful wearing of uniform. A person who is not a member of the organized militia may not wear the uniform or insignia issued or authorized for use by the organized militia.
Mont. Code Ann. § 10-1-109 — MT Code / Title 10 / Chapter 1 / Part 1 / Section 10-1-109
10-1-109 Lease of real property for military facilities
Status: in_force

10-1-109 . Lease of real property for military facilities. The department of military affairs may lease real property for armories or other military facilities.
Mont. Code Ann. § 10-4-315 — MT Code / Title 10 / Chapter 4 / Part 3 / Section 10-4-315
10-4-315 Terminated
Status: in_force

10-4-315 . Terminated. Secs. 14, 18, Ch. 172, L. 2019.
Mont. Code Ann. § 10-3-902 — MT Code / Title 10 / Chapter 3 / Part 9 / Section 10-3-902
10-3-902 Policy -- purpose
Status: in_force

10-3-902 . Policy -- purpose. (1) It is the policy of the state that:

(a) available resources should be made available whenever possible and practical to minimize the negative impacts of disasters and emergencies, regardless of the political jurisdiction in this state within which the disaster or emergency occurs and regardless of the political jurisdictions from which a request for assistance arises or from which or to which the resources are made available;

(b) agreements, either formal or informal, written or oral, between or among political subdivisions of this state, that exist or are entered into for the purpose of providing mutual aid in the event of a disaster or emergency should remain options for political subdivisions and should not be infringed upon or in any way affected by the provisions of this part; and

(c) in particular, the provisions of this part do not affect any mutual aid agreement, either formal or informal, written or oral, that is made or that may be made pursuant to Title 7, chapter 33, 10-3-209 , or 10-3-703 or a request for assistance or aid or assistance or aid provided or received pursuant to Title 7, chapter 33, 10-3-209 , or 10-3-703 .

(2) It is the purpose of this part to:

(a) establish an effective and efficient mutual aid system in which a political jurisdiction can choose to participate that can operate separate from yet integrated with other freestanding mutual aid systems or agreements;

(b) provide to political jurisdictions in the state another option for establishing mutual aid agreements and for requesting, providing, and receiving mutual aid; and

(c) allow political jurisdictions maximum flexibility to protect life and property through mutual aid agreements.
Mont. Code Ann. § 10-1-1308 — MT Code / Title 10 / Chapter 1 / Part 13 / Section 10-1-1308
10-1-1308 Grant application -- review -- approval or denial
Status: in_force

10-1-1308 . Grant application -- review -- approval or denial. (1) A member or a family member may apply for a grant authorized under 10-1-1305 on forms provided by and in the manner prescribed by the department.

(2) (a) A committee of three members shall review all applications for needs-based grants and shall recommend to the adjutant general approval or denial of each application.

(b) The committee is composed of the director of the department of public health and human services provided for in 2-15-2201 or the director's designee, the commissioner of labor and industry provided for in 2-15-1701 or the commissioner's designee, and the budget director provided for in 17-7-103 or the budget director's designee.

(3) The adjutant general shall review all grant applications and the recommendations of the committee made under subsection (2) and shall either approve or deny each application pursuant to the rules adopted under 10-1-1307 .

(4) The department shall notify the applicant in writing as to whether the applicant's application for a grant is approved or denied.
Mont. Code Ann. § 10-2-104 — MT Code / Title 10 / Chapter 2 / Part 1 / Section 10-2-104
10-2-104 Aid by state, county, and municipal officers
Status: in_force

10-2-104 . Aid by state, county, and municipal officers. All state, county, and municipal officers shall render such aid to the board as shall be within their power and consistent with the duties of their respective offices.