reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 3. Enlisted Members › 10-1-304. Retirement of enlisted members

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.
History: En. 77-1804 by Sec. 42, Ch. 94, L. 1974; R.C.M. 1947, 77-1804; amd. Sec. 2, Ch. 9, L. 1997.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 4. Military Courts(Renumbered and Repealed) › 10-1-401. Repealed

10-1-401. Repealed.
Sec. 3, Ch. 128, L. 2023.
History: En. 77-1901 by Sec. 43, Ch. 94, L. 1974; R.C.M. 1947, 77-1901.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 4. Military Courts(Renumbered and Repealed) › 10-1-402. Repealed

10-1-402. Repealed.
Sec. 3, Ch. 128, L. 2023.
History: En. 77-1902 by Sec. 44, Ch. 94, L. 1974; R.C.M. 1947, 77-1902.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 4. Military Courts(Renumbered and Repealed) › 10-1-403. Repealed

10-1-403. Repealed.
Sec. 3, Ch. 128, L. 2023.
History: En. 77-1903 by Sec. 45, Ch. 94, L. 1974; R.C.M. 1947, 77-1903.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 4. Military Courts(Renumbered and Repealed) › 10-1-404. Repealed

10-1-404. Repealed.
Sec. 3, Ch. 128, L. 2023.
History: En. 77-1904 by Sec. 46, Ch. 94, L. 1974; R.C.M. 1947, 77-1904.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 4. Military Courts(Renumbered and Repealed) › 10-1-405. Repealed

10-1-405. Repealed.
Sec. 3, Ch. 128, L. 2023.
History: En. 77-1905 by Sec. 47, Ch. 94, L. 1974; R.C.M. 1947, 77-1905; amd. Sec. 5, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 4. Military Courts(Renumbered and Repealed) › 10-1-406. Repealed

10-1-406. Repealed.
Sec. 3, Ch. 128, L. 2023.
History: En. 77-1906 by Sec. 48, Ch. 94, L. 1974; R.C.M. 1947, 77-1906.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 4. Military Courts(Renumbered and Repealed) › 10-1-407. Repealed

10-1-407. Repealed.
Sec. 3, Ch. 128, L. 2023.
History: En. 77-1907 by Sec. 49, Ch. 94, L. 1974; R.C.M. 1947, 77-1907.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 4. Military Courts(Renumbered and Repealed) › 10-1-411. Repealed

10-1-411. Repealed.
Sec. 3, Ch. 128, L. 2023.
History: En. Sec. 2, Ch. 120, L. 1995.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 5. Compensation for Militia › 10-1-501. Pay for militia

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.
History: En. 77-2002 by Sec. 52, Ch. 94, L. 1974; R.C.M. 1947, 77-2002; amd. Sec. 2, Ch. 176, L. 2007; amd. Sec. 1, Ch. 202, L. 2009; amd. Sec. 1, Ch. 14, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 5. Compensation for Militia › 10-1-502. Pay and allowances

10-1-502. Pay and allowances.
(1) An officer ordered into active duty as provided for in Article VI, section 13, of the constitution of this state must receive pay and allowances as prescribed for an officer of corresponding grade and length of service when on active duty in federal service.
(2) A rated aviation officer performing flying duties in support of a state declaration of emergency or disaster may receive pay at a rate comparable to the pay for other state employees engaged in aerial wildfire suppression efforts if the adjutant general determines that payment at that rate is appropriate.
(3) An enlisted member ordered into active duty as provided for in Article VI, section 13, of the constitution of this state must receive pay at rates equivalent to twice those allowed for an enlisted member of corresponding grade and length of time when on active duty in federal service. This schedule of pay for enlisted members applies only to the first 15 days of service. After 15 days, an enlisted member must receive the pay and allowances as prescribed for an enlisted member of corresponding grade and length of service when on active duty in federal service.
(4) A national guard member placed on state duty for special work, as defined in 10-1-505, must receive the pay and allowances as prescribed for an officer or enlisted member of corresponding grade and length of service when on active duty in federal service.
(5) The pay and allowances provided for in subsections (1) and (2) may not be paid when pay and allowances for the active duty are provided out of federal funds.
History: En. 77-2003 by Sec. 53, Ch. 94, L. 1974; R.C.M. 1947, 77-2003; amd. Sec. 3, Ch. 176, L. 2007; amd. Sec. 2, Ch. 14, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 5. Compensation for Militia › 10-1-503. Repealed

10-1-503. Repealed.
Sec. 1, Ch. 183, L. 2019.
History: En. 77-2004 by Sec. 54, Ch. 94, L. 1974; R.C.M. 1947, 77-2004; amd. Sec. 6, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 5. Compensation for Militia › 10-1-504. Repealed

10-1-504. Repealed.
Sec. 13, Ch. 430, L. 1983.
History: En. 77-2005 by Sec. 55, Ch. 94, L. 1974; R.C.M. 1947, 77-2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 5. Compensation for Militia › 10-1-505. State duty for special work -- definition

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.
History: En. Sec. 1, Ch. 176, L. 2007; amd. Sec. 1, Ch. 184, L. 2019; amd. Sec. 3, Ch. 14, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 5. Compensation for Militia › 10-1-506. Benefits for national guard performing state military duty

10-1-506. Benefits for national guard performing state military duty.
(1) A member of the army national guard or air national guard who suffers a covered injury or illness while serving on state military duty, as defined in 10-1-1003, is entitled to worker's compensation in the same manner as any other employee of the state.
(2) A member of the army national guard or air national guard who, as a result of an injury suffered while serving on state military duty, is temporarily unable to return to the civilian trade or business performed immediately before entering state military duty is entitled to a monthly payment from the department in an amount that is equivalent to the difference between the gross workers' compensation benefits received for the injury and the pay and allowances of the member provided by 10-1-502. Entitlement to this payment is personal to the member and terminates upon termination of workers' compensation benefits.
(3) A member of the army national guard or air national guard who, as a result of an injury suffered while serving on state military duty, is permanently disabled is entitled to a monthly payment from the department in an amount equal to the difference between the gross workers' compensation benefits received for the injury and the amount that would be paid to a similarly situated member of the armed forces of the United States for the same injury if it was incurred in the line of duty.
(4) A member of the army national guard or air national guard is not entitled to any benefits under this section unless the injury or illness occurred while serving on state military duty. For the purpose of this section, whether an injury or illness occurred while serving on state military duty as a member of the army national guard or air national guard must be determined using the regulations, policies, and procedures prescribed by the federal military services.
(5) Nothing in this section may be construed to prejudice or limit the provision of any other rights or benefits to which the injured member is entitled. The benefits authorized by this section are in addition to any workers' compensation benefits to which a member of the army national guard or air national guard would otherwise be entitled.
(6) The department may use funds appropriated under 10-3-312 to pay benefits provided under this section.
(7) The department may adopt rules necessary to implementing this section.
History: En. Sec. 1, Ch. 264, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 6. Rights of and Duties Owed Militia › 10-1-601. Actions against militia members -- attorney fees

10-1-601. Actions against militia members -- attorney fees.
When an action is commenced in a court against a member of the organized militia for an act done in an official capacity in the discharge of the member's duty or for an alleged omission to do an act that it was the member's duty to perform, the defendant must be defended by the attorney general at the expense of this state, but private counsel may be employed by the defendant.
History: En. 77-2101 by Sec. 58, Ch. 94, L. 1974; R.C.M. 1947, 77-2101; amd. Sec. 7, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 6. Rights of and Duties Owed Militia › 10-1-602. Right-of-way while performing military duty

10-1-602. Right-of-way while performing military duty.
(1) The commanding officer of a unit of the organized militia parading or performing any military duty in a street or highway may require all persons on the street or highway to yield the right-of-way to troops. Motor vehicles traveling in military convoy shall be accorded the right-of-way on all streets and highways.
(2) The exercise of the right-of-way provided for in this section may not interfere with the carriage of the United States mail or with the progress of an ambulance or members of a police or fire department.
(3) A person who fails to yield the right-of-way as prescribed by this section is guilty of a misdemeanor.
History: En. 77-2102 by Sec. 59, Ch. 94, L. 1974; amd. Sec. 10, Ch. 49, L. 1977; R.C.M. 1947, 77-2102.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 6. Rights of and Duties Owed Militia › 10-1-603. Repealed

10-1-603. Repealed.
Sec. 27, Ch. 381, L. 2005.
History: En. 77-2103 by Sec. 60, Ch. 94, L. 1974; R.C.M. 1947, 77-2103(1), (2); amd. Sec. 1, Ch. 77, L. 1995.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 6. Rights of and Duties Owed Militia › 10-1-605. Repealed

10-1-605. Repealed.
Sec. 75, Ch. 492, L. 2001.
History: En. Sec. 1, Ch. 106, L. 1943; R.C.M. 1947, 84-5301.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 6. Rights of and Duties Owed Militia › 10-1-606. Suspension of property taxes for persons in military service

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.
History: (1)En. Sec. 1, Ch. 14, Ex. L. 1918; re-en. Sec. 2236, R.C.M. 1921; re-en. Sec. 2236, R.C.M. 1935; Sec. 84-41-103, R.C.M. 1947; (2)En. Sec. 2, Ch. 14, Ex. L. 1918; re-en. Sec. 2237, R.C.M. 1921; re-en. Sec. 2237, R.C.M. 1935; Sec. 84-41-104, R.C.M. 1947; R.C.M. 1947, 84-41-103, 84-41-104; amd. Sec. 1, Ch. 587, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 6. Rights of and Duties Owed Militia › 10-1-611. Authority of commanding officer to arrest

10-1-611. Authority of commanding officer to arrest.
The commanding officer at any drill, parade, encampment, or other duty may order those under the commanding officer's command to perform any military duty the commanding officer requires. The commanding officer may arrest, for the time of the drill, parade, encampment, or other duty, an officer or enlisted person who disobeys the orders of a superior officer.
History: En. 77-2105 by Sec. 62, Ch. 94, L. 1974; R.C.M. 1947, 77-2105; amd. Sec. 8, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 6. Rights of and Duties Owed Militia › 10-1-612. Arrest of trespassers and disturbers

10-1-612. Arrest of trespassers and disturbers.
(1) The commanding officer may arrest or authorize the arrest of a person who trespasses upon a camp or parade ground, armory, arsenal, rifle range, or any other place devoted to or used for military purposes.
(2) The commanding officer may arrest a person who:
(a) interrupts, molests, or disturbs the orderly discharge of duty by those under arms;
(b) disturbs or prevents the passage of troops going to or returning from any duty; or
(c) assaults a member of the uniformed militia while that member is performing any military duty.
(3) A person who is arrested under this section shall be transferred to the civil authorities in the county where the offense was committed.
(4) A person committing an offense for which an arrest may be made pursuant to this section is guilty of a misdemeanor.
History: En. 77-2106 by Sec. 63, Ch. 94, L. 1974; amd. Sec. 11, Ch. 49, L. 1977; R.C.M. 1947, 77-2106.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 6. Rights of and Duties Owed Militia › 10-1-613. Unlawful sale or detention of military property

10-1-613. Unlawful sale or detention of military property.
A person may not conceal, sell, dispose of, offer for sale, purchase, retain after demand made by an officer, or in any manner pledge or pawn any arms, equipment, or other military property issued by the United States or this state for use of the militia.
History: En. 77-2107 by Sec. 64, Ch. 94, L. 1974; R.C.M. 1947, 77-2107(part).
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 6. Rights of and Duties Owed Militia › 10-1-614. Unlawful wearing of uniform

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.
History: En. 77-2108 by Sec. 65, Ch. 94, L. 1974; R.C.M. 1947, 77-2108(part).
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 6. Rights of and Duties Owed Militia › 10-1-615. Misdemeanor violations

10-1-615. Misdemeanor violations.
A person who violates 10-1-613 or 10-1-614 is guilty of a misdemeanor.
History: Ap. p. Sec. 60, Ch. 94, L. 1974; Sec. 77-2103, R.C.M. 1947; Ap. p. Sec. 64, Ch. 94, L. 1974; Sec. 77-2107, R.C.M. 1947; Ap. p. Sec. 65, Ch. 94, L. 1974; Sec. 77-2108, R.C.M. 1947; R.C.M. 1947, 77-2103(3), 77-2107(part), 77-2108(part); amd. Sec. 23, Ch. 381, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 7. Home Guard › 10-1-701. Home guard -- organization and composition

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.
History: En. 77-2201 by Sec. 66, Ch. 94, L. 1974; R.C.M. 1947, 77-2201.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 7. Home Guard › 10-1-702. Gubernatorial rules for guard

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.
History: En. 77-2202 by Sec. 67, Ch. 94, L. 1974; R.C.M. 1947, 77-2202.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 7. Home Guard › 10-1-703. Use of armories and equipment

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.
History: En. 77-2203 by Sec. 68, Ch. 94, L. 1974; R.C.M. 1947, 77-2203.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 7. Home Guard › 10-1-704. Pay and allowances

10-1-704. Pay and allowances.
An officer or member of the home guard on active duty in the service of this state shall receive the same pay and allowances as prescribed for officers and enlisted members of the militia under 10-1-502.
History: En. 77-2204 by Sec. 69, Ch. 94, L. 1974; R.C.M. 1947, 77-2204; amd. Sec. 3, Ch. 430, L. 1983.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 8. National Guard Reenlistment or Extension Incentive (Repealed) › 10-1-801. Repealed

10-1-801. Repealed.
Sec. 1, Ch. 202, L. 2015.
History: En. Sec. 1, Ch. 506, L. 1981.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 8. National Guard Reenlistment or Extension Incentive (Repealed) › 10-1-802. Repealed

10-1-802. Repealed.
Sec. 1, Ch. 202, L. 2015.
History: En. Sec. 2, Ch. 506, L. 1981.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 8. National Guard Reenlistment or Extension Incentive (Repealed) › 10-1-803. Repealed

10-1-803. Repealed.
Sec. 1, Ch. 202, L. 2015.
History: En. Sec. 3, Ch. 506, L. 1981.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 8. National Guard Reenlistment or Extension Incentive (Repealed) › 10-1-804. Repealed

10-1-804. Repealed.
Sec. 1, Ch. 202, L. 2015.
History: En. Sec. 4, Ch. 506, L. 1981; amd. Sec. 9, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 8. National Guard Reenlistment or Extension Incentive (Repealed) › 10-1-805. Repealed

10-1-805. Repealed.
Sec. 1, Ch. 202, L. 2015.
History: En. Sec. 5, Ch. 506, L. 1981; amd. Sec. 10, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 8. National Guard Reenlistment or Extension Incentive (Repealed) › 10-1-806. Repealed

10-1-806. Repealed.
Sec. 1, Ch. 202, L. 2015.
History: En. Sec. 6, Ch. 506, L. 1981; amd. Sec. 11, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 9. Montana National Guard Civil Relief › 10-1-902. Definitions

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.
History: En. Sec. 2, Ch. 222, L. 2003; amd. Sec. 1, Ch. 534, L. 2005; amd. Sec. 1, Ch. 235, L. 2015; amd. Sec. 2, Ch. 231, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 9. Montana National Guard Civil Relief › 10-1-903. Relief from actions related to mortgage, lease, or rental payments

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.
History: En. Sec. 3, Ch. 222, L. 2003.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 9. Montana National Guard Civil Relief › 10-1-904. General relief from court actions

10-1-904. General relief from court actions.
If a plaintiff or a defendant in any civil action, as described in Title 25, chapter 1, part 1, is a service member, the court may stay the proceedings if the service member or other person on the service member's behalf makes a request in writing to the court, unless the court determines on the record that the ability of the service member to pursue an action as a plaintiff or to conduct the defense as a defendant is not materially affected by the service member's military service.
History: En. Sec. 4, Ch. 222, L. 2003.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 9. Montana National Guard Civil Relief › 10-1-905. Termination of residential leases and telephone, internet access, and multichannel video programming service contracts

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.
History: En. Sec. 1, Ch. 231, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1002. Purpose -- legislative intent

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.
History: En. Sec. 2, Ch. 381, L. 2005; amd. Sec. 2, Ch. 235, L. 2015; amd. Sec. 1, Ch. 363, L. 2015.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1003. Definitions

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.
History: En. Sec. 3, Ch. 381, L. 2005; amd. Sec. 6, Ch. 363, L. 2015; amd. Sec. 1, Ch. 366, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1004. Rights under federal law

10-1-1004. Rights under federal law.
A person ordered to federally funded military duty is entitled to all of the employment and reemployment rights and benefits provided pursuant to the federal Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301, et seq., and other applicable federal law. The rights provided under the Uniformed Services Employment and Reemployment Rights Act of 1994 may be enforced in a lawsuit pursuant to this part.
History: En. Sec. 4, Ch. 381, L. 2005; amd. Sec. 2, Ch. 366, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1005. Prohibition against employment discrimination

10-1-1005. Prohibition against employment discrimination.
An employer may not deny employment, reemployment, reinstatement, retention, promotion, or any benefit of employment or obstruct, injure, discriminate against, or threaten negative consequences against a person with regard to employment because of the person's membership, application for membership, or potential application for membership in the national guard of Montana or any other state or because the person may exercise or has exercised a right or may claim or has claimed a benefit under this part.
History: En. Sec. 5, Ch. 381, L. 2005; amd. Sec. 3, Ch. 363, L. 2015.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1006. Entitlement to leave of absence

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.
History: En. Sec. 6, Ch. 381, L. 2005; amd. Sec. 4, Ch. 235, L. 2015.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1008. Leave of absence for elected officials -- restoration to office

10-1-1008. Leave of absence for elected officials -- restoration to office.
(1) If an elected official is ordered to military service, the official is entitled to a leave of absence for the duration of the military service.
(2) An elected official's leave of absence pursuant to this section does not create a vacancy in office or require the official to forfeit the office.
(3) If an acting official is appointed pursuant to 10-1-1010, the leave of absence must be without pay.
(4) An elected official ordered to military service is entitled to the employment rights and benefits that would be provided to any other employee under the official's employer if the employee were on a leave of absence subject to the provisions of this part.
(5) Upon returning from a leave of absence for military service, if an acting official was appointed pursuant to 10-1-1010, the returning elected official is entitled to be restored to office for the official's unexpired term immediately upon the official's request after being released from the military service.
History: En. Sec. 8, Ch. 381, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1009. Paid military leave for public employees

10-1-1009. Paid military leave for public employees.
(1) (a) An employee of the state or of any political subdivision, as defined in 2-9-101, who is a member of the national guard of Montana or any other state or who is a member of the organized or unorganized reserve corps or military forces of the United States and who has been an employee for a period of at least 6 months must be given leave of absence with pay at a rate of 120 hours in a calendar year or academic year if applicable, for performing military service.
(b) The full 120 hours of leave provided for in subsection (1)(a) must be credited in full to an employee after 6 months of employment and in each successive calendar year, or academic year if applicable.
(2) Military leave may not be charged against the employee's annual vacation time.
(3) Unused military leave must be carried over to the next calendar year, or academic year if applicable, but may not exceed a total of 240 hours in any calendar or academic year.
History: En. 77-2104 by Sec. 61, Ch. 94, L. 1974; R.C.M. 1947, 77-2104; amd. Sec. 1, Ch. 80, L. 1991; amd. Sec. 22, Ch. 381, L. 2005; Sec. 10-1-604, MCA 2003; redes. 10-1-1009 by Sec. 28, Ch. 381, L. 2005; amd. Sec. 1, Ch. 261, L. 2009; amd. Sec. 5, Ch. 363, L. 2015; amd. Sec. 1, Ch. 387, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1010. Appointment of acting officials

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).
History: En. Sec. 9, Ch. 381, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1015. Procedure for filing complaint

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.
History: En. Sec. 10, Ch. 381, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1016. Assistance, investigation, and enforcement of complaints

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.
History: En. Sec. 11, Ch. 381, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1017. Enforcement and investigative powers of department

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.
History: En. Sec. 12, Ch. 381, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1018. Referral of complaint to state attorney general

10-1-1018. Referral of complaint to state attorney general.
(1) A complaint that could not be successfully resolved pursuant to 10-1-1016 must be referred by the department to the state attorney general if the complainant requests the referral pursuant to 10-1-1016(4).
(2) (a) Except as provided in subsection (2)(b), if the state attorney general is satisfied that the complaint has merit, the state attorney general may file a lawsuit on behalf of and act as an attorney for the complainant in seeking relief for the complainant.
(b) (i) Except as provided in subsection (2)(b)(ii), if the complaint is against a state agency, as defined in 2-15-102, notwithstanding an arrangement for the provision of legal services to the agency by the department of justice, the agency shall provide or obtain counsel for the agency.
(ii) If the complaint is against the department of justice, the department of administration, notwithstanding an arrangement for the provision of legal services to the department of administration by the department of justice, shall provide or obtain counsel for the department of justice.
(3) If the state attorney general sues pursuant to this section, fees or court costs may not be assessed against the complainant.
History: En. Sec. 13, Ch. 381, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1019. Independent lawsuit not precluded -- exhaustion of administrative remedies

10-1-1019. Independent lawsuit not precluded -- exhaustion of administrative remedies.
Nothing in this part may be construed as infringing on a person's right to file an independent lawsuit to seek relief as a private party from an alleged violation of this part. However, if a person files a complaint with the department as provided in 10-1-1015, the person must have exhausted the administrative remedies available under 10-1-1016 before having standing to initiate an independent lawsuit.
History: En. Sec. 14, Ch. 381, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1020. Jurisdiction -- venue -- standing -- respondent -- time limit -- expedited hearing

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.
History: En. Sec. 15, Ch. 381, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1021. Court remedies

10-1-1021. Court remedies.
(1) In a lawsuit initiated pursuant to this part, the court may provide one or more of the following remedies:
(a) require the employer to comply with the provisions of this part;
(b) require the employer to compensate the complainant for losses suffered by the complainant because of the employer's violation; or
(c) if the court finds that the employer's violation was done willfully, as defined in 1-1-204, require the employer to pay treble the amount of compensation under subsection (1)(b) as liquidated damages and punitive damages.
(2) If the complainant is the prevailing party, the court may award reasonable attorney fees to the complainant.
(3) The court may use its full equity powers, including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights or benefits of a person under this part.
History: En. Sec. 16, Ch. 381, L. 2005; amd. Sec. 3, Ch. 366, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1022. Special revenue account for payment to claimants

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.
History: En. Sec. 17, Ch. 381, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 10. Montana Military Service Employment Rights › 10-1-1027. Rulemaking authority

10-1-1027. Rulemaking authority.
The department and the department of justice may adopt rules to implement the provisions of this part.
History: En. Sec. 18, Ch. 381, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 11. National Guard Life Insurance Reimbursement(Repealed) › 10-1-1101. Terminated

10-1-1101. Terminated.
Sec. 9, Ch. 604, L. 2005.
History: En. Sec. 1, Ch. 604, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 11. National Guard Life Insurance Reimbursement(Repealed) › 10-1-1102. Terminated

10-1-1102. Terminated.
Sec. 9, Ch. 604, L. 2005.
History: En. Sec. 2, Ch. 604, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 11. National Guard Life Insurance Reimbursement(Repealed) › 10-1-1103. Terminated

10-1-1103. Terminated.
Sec. 9, Ch. 604, L. 2005.
History: En. Sec. 3, Ch. 604, L. 2005.