reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-113. Identification -- civil defense symbol

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.
History: En. 77-2315 by Sec. 19, Ch. 335, L. 1977; R.C.M. 1947, 77-2315.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-118. Interstate licensure recognition -- volunteer professionals

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).
History: En. Sec. 1, Ch. 63, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-119. Administrative disciplinary sanctions

10-3-119. Administrative disciplinary sanctions.
(1) A licensing board or a licensing program in Montana:
(a) may impose administrative sanctions upon a volunteer professional for unprofessional conduct in response to an emergency or disaster that occurs in Montana; and
(b) shall report any administrative sanctions imposed upon a volunteer professional licensed in another state to the appropriate licensing board or disciplinary authority in any other state in which the practitioner is known to be licensed.
(2) In determining whether to impose administrative sanctions under subsection (1), a licensing board or other disciplinary authority in Montana shall consider any exigent circumstances in which the conduct took place in light of the emergency or disaster.
History: En. Sec. 2, Ch. 63, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-120. Rulemaking authority

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.
History: En. Sec. 3, Ch. 63, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-121. Statement of purpose -- legislative poll -- legislative oversight of election law suspensions

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.
History: En. Sec. 1, Ch. 357, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-122. Legislative poll -- continuation of state of emergency or disaster

10-3-122.  Legislative poll -- continuation of state of emergency or disaster.
(1) (a) When the legislature is not in session, the governor may, in writing, request the secretary of state to poll the members of the legislature to determine if a majority of the members of the house of representatives and a majority of the members of the senate are in favor of a legislative declaration affirming to extend a state of emergency or disaster under 10-3-303 or approving a proclamation of martial rule under 10-1-106.
(b) The legislature may extend a state of emergency or disaster for up to an additional 45 days by using the polling provisions of this section. The governor may make additional requests to extend a state of emergency or disaster, and the legislature may extend a state of emergency or disaster for up to an additional 45 days per request.
(2) The request must:
(a) state the conditions warranting the poll; and
(b) contain a legislative declaration to extend the governor's power.
(3) Within 3 calendar days after receiving a request, the secretary of state shall send a ballot to all legislators by using any reasonable and reliable means, including electronic delivery, that contains:
(a) the legislative declaration subject to the vote; and
(b) the date by which legislators shall return the ballot, which may not be more than 7 calendar days after the date the ballots were sent.
(4) A legislator may cast and return a vote by delivering the ballot in person, by mailing, or by sending the ballot by facsimile transmission or electronic mail to the office of the secretary of state. A legislator may not change the legislator's vote after the ballot is received by the secretary of state. The secretary of state shall tally the votes within 1 working day after the date for return of the votes. If a majority of the members in each house vote to approve an extension of a state of emergency or disaster, the state of emergency or disaster continues based on the declaration that was sent with the ballot.
(5) A ballot that is not returned by the deadline established by the secretary of state is considered a vote against the declaration.
History: En. Sec. 1, Ch. 504, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-123. Claim or defense against state action -- remedies -- limitations

10-3-123. Claim or defense against state action -- remedies -- limitations.
(1) A religious organization may assert a violation of 10-3-102 or 10-3-124 as a claim against a state, local, or interjurisdictional agency or public official in any judicial or administrative proceeding or as a defense in any judicial proceeding.
(2) In any civil action based on this section, the court may grant:
(a) declaratory relief;
(b) injunctive relief;
(c) compensatory damages for pecuniary and nonpecuniary losses;
(d) reasonable attorney fees and costs; and
(e) any other appropriate relief.
(3) A religious organization may not bring an action to assert a claim under this section later than 2 years after the date that it knew or could have known that a discriminatory action or other violation occurred.
History: En. Sec. 2, Ch. 504, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-124. Protections against government discrimination

10-3-124. Protections against government discrimination.
An agency or a political subdivision of the state may not take discriminatory action against a religious organization wholly or partially on the basis that the organization is religious, operates or seeks to operate during an emergency or disaster, or engages in the exercise of religion as protected under the first amendment to the United States constitution. Discriminatory action means to:
(1) alter in any way the tax treatment of a religious organization or cause any tax, fine, civil or criminal penalty, payment, damages award, or injunction to be assessed against a religious organization;
(2) deny, delay, revoke, or otherwise make unavailable an exemption from taxation for a religious organization; or
(3) withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any grant, contract, scholarship, license, accreditation, certification, entitlement, or other benefit under any government program.
History: En. Sec. 3, Ch. 504, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-125. Claims or defense against state action -- remedies -- limitations

10-3-125. Claims or defense against state action -- remedies -- limitations.
(1) A person or entity may assert a violation of 10-3-101 or 10-3-102 as a claim against a state, local, or interjurisdictional agency or public official in any judicial or administrative proceeding or as a defense in any judicial proceeding.
(2) In any civil action based on this section, the court may grant:
(a) declaratory relief;
(b) injunctive relief;
(c) compensatory damages for pecuniary and nonpecuniary losses;
(d) reasonable attorney fees and costs; and
(e) any other appropriate relief.
(3) A person or entity may not bring an action to assert a claim under this section later than 2 years after the date that the person or entity knew or could have known that a violation occurred.
History: En. Sec. 3, Ch. 346, L. 2021; amd. Sec. 2, Ch. 166, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 2. Intergovernmental Cooperation › 10-3-201. Local and interjurisdictional emergency and disaster agencies and services

10-3-201. Local and interjurisdictional emergency and disaster agencies and services.
(1) Each political subdivision within this state shall designate a local or interjurisdictional agency responsible for emergency and disaster prevention and preparedness and coordination of response and recovery.
(2) The local or interjurisdictional disaster and emergency services agency shall receive assistance from the division in emergency and disaster prevention, preparedness, response, and recovery to the extent of the division's authority and responsibility.
(3) Each political subdivision shall adhere to the provisions of parts 1 through 4 of this chapter and the state disaster and emergency plan and program regarding the structure and responsibilities of the local or interjurisdictional disaster and emergency service agencies and their relationship to the division.
(4) The principal executive officer of each political subdivision shall notify the division of the manner by which the political subdivision is providing or securing emergency and disaster planning and services, identify the person who heads the agency from which planning and services are obtained, and furnish additional information as the division requires.
History: En. 77-2307.1 by Sec. 8, Ch. 335, L. 1977; R.C.M. 1947, 77-2307.1(1) thru (4).
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 2. Intergovernmental Cooperation › 10-3-202. Mutual aid -- cooperation

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.
History: (1) thru (3)En. Sec. 8, Ch. 218, L. 1951; Sec. 77-1308, R.C.M. 1947; amd. and redes. 77-2306 by Sec. 13, Ch. 94, L. 1974; amd. Sec. 13, Ch. 49, L. 1977; amd. Sec. 10, Ch. 335, L. 1977; Sec. 77-2306, R.C.M. 1947; (4)En. 77-2305.1 by Sec. 7, Ch. 335, L. 1977; Sec. 77-2305.1, R.C.M. 1947; R.C.M. 1947, 77-2305.1(5), 77-2306; amd. Sec. 7, Ch. 46, L. 1997; amd. Sec. 5, Ch. 292, L. 2007; amd. Sec. 1, Ch. 190, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 2. Intergovernmental Cooperation › 10-3-204. Intergovernmental arrangements

10-3-204. Intergovernmental arrangements.
(1) This state enacts into law and enters into the interstate mutual aid compact with all states, as defined in the compact, that have enacted or enact the compact in the form substantially contained in 10-3-207.
(2) The governor may enter into the compact with any state if the governor finds that joint action with the state is desirable in meeting common intergovernmental problems of emergency and disaster planning, prevention, response, and recovery.
(3) Subsections (1) and (2) may not be construed to limit previous or future entry of this state into the interstate mutual aid compact.
(4) All interstate mutual aid compacts and other interstate agreements dealing with disaster and emergency services must be reviewed and made current at intervals not to exceed 4 years.
(5) If a person holds a license, certificate, or other permit issued by any state or political subdivision of a state evidencing the meeting of qualifications for professional, mechanical, or other skills, the person may render aid involving that skill in this state to meet an emergency or disaster and this state shall give due recognition to the license, certificate, or other permit.
(6) When considered of mutual benefit, the governor may, subject to limitations of law, enter into intergovernmental arrangements with neighboring provinces of Canada for the purpose of exchanging disaster and emergency services.
History: En. 77-2307.3 by Sec. 11, Ch. 335, L. 1977; R.C.M. 1947, 77-2307.3; amd. Sec. 1, Ch. 228, L. 1985; amd. Sec. 18, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 2. Intergovernmental Cooperation › 10-3-205. Authority to join interstate mutual aid compact -- supplemental agreements

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.
History: (1)En. Sec. 2, Ch. 213, L. 1951; Sec. 77-1402, R.C.M. 1947; (2)En. Sec. 4, Ch. 213, L. 1951; Sec. 77-1404, R.C.M. 1947; R.C.M. 1947, 77-1402, 77-1404; amd. Sec. 2, Ch. 228, L. 1985.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 2. Intergovernmental Cooperation › 10-3-206. Repealed

10-3-206. Repealed.
Sec. 5, Ch. 228, L. 1985.
History: En. Sec. 3, Ch. 213, L. 1951; R.C.M. 1947, 77-1403.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 2. Intergovernmental Cooperation › 10-3-208. Rulemaking authority

10-3-208. Rulemaking authority.
The department of military affairs may adopt rules necessary to implement the interstate mutual aid compact.
History: En. Sec. 4, Ch. 228, L. 1985.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 3. State Planning and Execution › 10-3-301. State disaster and emergency plan

10-3-301. State disaster and emergency plan.
(1) The state disaster and emergency plan and program may provide for:
(a) prevention and minimization of injury and damage caused by disaster;
(b) prompt and efficient response to an incident, emergency, or disaster;
(c) emergency relief;
(d) identification of areas particularly vulnerable to disasters;
(e) recommendations for preventive and preparedness measures designed to eliminate or reduce disasters or their impact;
(f) organization of personnel and chains of command;
(g) coordination of federal, state, and local disaster and emergency activities; and
(h) other necessary matters.
(2) The state disaster and emergency plan and program may not:
(a) compel a private business to deny a customer of the private business access to the premises or access to goods or services; or
(b) deny a customer of a private business the ability to access goods or services provided by the private business.
(3) The prohibition provided for in subsection (2)(b) does not apply to persons confirmed to have a communicable disease and who are currently under a public quarantine order.
(4) In preparing and maintaining the state disaster and emergency plan and program, the division shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations, and community leaders. In advising local and interjurisdictional agencies, the division may encourage them to seek advice from these sources.
(5) As used in this section, "private business" means an individual or entity that is not principally a part of or associated with a government unit. The term includes but is not limited to a nonprofit or for-profit entity, a corporation, a sole proprietorship, or a limited liability company.
History: En. 77-2305.1 by Sec. 7, Ch. 335, L. 1977; R.C.M. 1947, 77-2305.1(part); amd. Sec. 7, Ch. 430, L. 1983; amd. Sec. 5, Ch. 176, L. 1995; amd. Sec. 7, Ch. 408, L. 2021; amd. Sec. 3, Ch. 243, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 3. State Planning and Execution › 10-3-302. Repealed

10-3-302. Repealed.
Sec. 13, Ch. 504, L. 2021.
History: En. Sec. 6, Ch. 218, L. 1951; Sec. 77-1306, R.C.M. 1947; amd. and redes. 77-2304 by Sec. 11, Ch. 94, L. 1974; amd. Sec. 6, Ch. 335, L. 1977; R.C.M. 1947, 77-2304(4); amd. Sec. 19, Ch. 56, L. 2009; amd. Sec. 4, Ch. 255, L. 2009; amd. Sec. 1, Ch. 252, L. 2019.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 3. State Planning and Execution › 10-3-304. Dissemination

10-3-304. Dissemination.
An executive order or proclamation issued under this part shall be disseminated promptly by means calculated to bring its contents to the attention of the general public. Unless the circumstances attendant upon the emergency or disaster prevent or impede it, the executive order or proclamation will be filed promptly with the division, the secretary of state, and clerk and recorders of the counties involved.
History: En. Sec. 6, Ch. 218, L. 1951; Sec. 77-1306, R.C.M. 1947; amd. and redes. 77-2304 by Sec. 11, Ch. 94, L. 1974; amd. Sec. 6, Ch. 335, L. 1977; R.C.M. 1947, 77-2304(7).
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 3. State Planning and Execution › 10-3-305. Governor commander-in-chief -- duties

10-3-305. Governor commander-in-chief -- duties.
(1) During an incident and during a state of emergency or disaster, the governor is commander-in-chief of the militia and of all other forces available for incident, emergency, or disaster duty. To the greatest extent possible, the governor shall delegate or assign command authority by prior arrangement embodied in the state disaster and emergency plan and program and appropriate executive orders.
(2) The governor shall use the services and facilities of the existing officers and agencies of the state, and all officers and agencies shall cooperate with and extend their services and facilities to the governor as the governor may request in the carrying out of the purposes of parts 1 through 4 of this chapter.
History: En. Sec. 6, Ch. 218, L. 1951; Sec. 77-1306, R.C.M. 1947; amd. and redes. 77-2304 by Sec. 11, Ch. 94, L. 1974; amd. Sec. 6, Ch. 335, L. 1977; R.C.M. 1947, 77-2304(8), (9); amd. Sec. 6, Ch. 176, L. 1995.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 3. State Planning and Execution › 10-3-310. Incident response -- authority -- appropriation -- expenditures -- recovery -- rules

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.
History: En. Sec. 8, Ch. 176, L. 1995; amd. Sec. 4, Ch. 228, L. 2011; amd. Sec. 2, Ch. 18, L. 2015; amd. Sec. 4, Ch. 243, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 3. State Planning and Execution › 10-3-311. Emergency or disaster expenditures -- restrictions

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.
History: (1)En. Sec. 1, Ch. 409, L. 1971; amd. Sec. 19, Ch. 577, L. 1977; Sec. 79-2501, R.C.M. 1947; (2), (3)En. Sec. 3, Ch. 409, L. 1971; Sec. 79-2503, R.C.M. 1947; R.C.M. 1947, 79-2501, 79-2503; amd. Sec. 1, Ch. 216, L. 1981; amd. Sec. 8, Ch. 430, L. 1983; amd. Sec. 1, Ch. 111, L. 1985; amd. Sec. 3, Ch. 71, L. 1987; amd. Sec. 5, Ch. 228, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 3. State Planning and Execution › 10-3-313. Temporary housing for disaster victims -- site acquisition and preparation

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.
History: En. 77-2312 by Sec. 16, Ch. 335, L. 1977; R.C.M. 1947, 77-2312; amd. Sec. 21, Ch. 56, L. 2009; amd. Sec. 6, Ch. 228, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 3. State Planning and Execution › 10-3-314. Community disaster loans

10-3-314. Community disaster loans.
Whenever, at the request of the governor, the president has declared a major disaster to exist in this state, the governor is authorized:
(1) upon the governor's determination that a political subdivision of the state or that a tribal government will suffer a substantial loss of tax and other revenue from an emergency or disaster and has demonstrated a need for financial assistance to perform its governmental functions, to apply to the federal government, on behalf of the political subdivision or tribal government, for a loan. The proceeds are statutorily appropriated, as provided in 17-7-502, to the governor, who may receive and disburse the proceeds of any approved loan to any applicant political subdivision or tribal government.
(2) to determine the amount needed by any applicant political subdivision or tribal government to restore or resume its governmental functions and to certify the same to the federal government. However, the application amount may not exceed 25% of the annual operating budget of the applicant for the fiscal year in which the emergency or disaster occurs.
(3) to recommend to the federal government, based upon the governor's review, the cancellation of all or any part of repayment when, in the first 3 full fiscal years following the emergency or disaster, the revenue of the political subdivision or tribal government is insufficient to meet its operating expenses, including additional emergency-related or disaster-related expenses of the political subdivision or tribal government.
History: En. 77-2313 by Sec. 17, Ch. 335, L. 1977; R.C.M. 1947, 77-2313; amd. Sec. 8, Ch. 703, L. 1985; amd. Sec. 22, Ch. 56, L. 2009; amd. Sec. 7, Ch. 228, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 3. State Planning and Execution › 10-3-315. Debris and wreckage removal in emergencies or disasters

10-3-315. Debris and wreckage removal in emergencies or disasters.
(1) Whenever the governor has declared a state of emergency or state of disaster to exist under the laws of this state or the president, at the request of the governor, has declared a major disaster or emergency to exist in this state, the governor is authorized:
(a) notwithstanding any other provision of law, through the use of state departments or agencies or the use of any of the state's instrumentalities, to clear or remove from publicly or privately owned land or water debris and wreckage that may threaten public health or safety or public or private property in any state of emergency or state of disaster declared by the governor or major disaster as declared by the president;
(b) to accept funds from the federal government and utilize the funds to make grants to any political subdivision or tribal government for the purpose of removing debris or wreckage from publicly or privately owned land or water.
(2) (a) Authority under this section may not be exercised unless the affected political subdivision, tribal government, corporation, organization, or individual first presents an unconditional authorization for removal of the debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, first agrees to indemnify the state government against any claim arising from the removal.
(b) Whenever the governor provides for the clearing of debris or wreckage pursuant to subsection (1)(a) or (1)(b), employees of the designated state agencies or individuals appointed by the state are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearing operation.
History: En. 77-2314 by Sec. 18, Ch. 335, L. 1977; R.C.M. 1947, 77-2314; amd. Sec. 8, Ch. 228, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 3. State Planning and Execution › 10-3-316. Hazard mitigation assistance grants -- acceptance -- statutory appropriation

10-3-316. Hazard mitigation assistance grants -- acceptance -- statutory appropriation.
(1) The division may accept hazard mitigation assistance grants whenever the federal government or an agency or officer of the federal government offers funding in the form of grants to the state. Hazard mitigation assistance grants provide funding for eligible mitigation activities that reduce disaster losses and protect life and property from future disaster damages.
(2) All funds received as allowed in subsection (1) are statutorily appropriated, as provided in 17-7-502, to the division for the purposes described in subsection (1).
History: En. Sec. 1, Ch. 134, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 4. Local and Interjurisdictional Planning and Execution › 10-3-402. Local emergency -- declaration and termination

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.
History: En. 77-2307.2 by Sec. 9, Ch. 335, L. 1977; R.C.M. 1947, 77-2307.2(1), (2); amd. Sec. 3, Ch. 595, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 4. Local and Interjurisdictional Planning and Execution › 10-3-403. Local disaster -- declaration and termination

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.
History: En. 77-2307.2 by Sec. 9, Ch. 335, L. 1977; R.C.M. 1947, 77-2307.2(3); amd. Sec. 4, Ch. 595, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 4. Local and Interjurisdictional Planning and Execution › 10-3-404. Contents of order -- effect

10-3-404. Contents of order -- effect.
(1) An order or resolution declaring or terminating a state of emergency or disaster shall indicate the nature of the emergency or disaster, the area threatened, and the conditions which have brought about the proclamation or declaration or which make possible termination of the state of emergency or disaster. Such order or resolution shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and shall be filed promptly with the division and the agency charged with recording the official records of the political subdivision.
(2) The effect of an emergency proclamation or a disaster declaration is to activate applicable parts of the local or interjurisdictional disaster and emergency plan and program and to authorize the furnishing of aid and assistance in accordance with such plans and programs.
History: En. 77-2307.2 by Sec. 9, Ch. 335, L. 1977; R.C.M. 1947, 77-2307.2(4), (5); amd. Sec. 10, Ch. 430, L. 1983.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 4. Local and Interjurisdictional Planning and Execution › 10-3-405. Levying emergency tax -- disposition of surplus

10-3-405. Levying emergency tax -- disposition of surplus.
(1) The governing body of the city or town or the governing body of the county, or both, shall estimate expenditures and levy an emergency millage to cover the expenditures. The millage levied by the governing body of the city or town shall not exceed 2 mills on the municipality's taxable valuation. The millage levied by the governing body of the county shall not exceed 2 mills on the taxable valuation of the county outside the municipalities.
(2) No expenditure of revenue received from the millage shall be made without approval of the appropriate levying body.
(3) An additional levy or levies may be made by the appropriate levying body, providing that the sum of the levies for emergencies as set forth in this section shall not exceed 2 mills in any one year.
(4) All levies under this section may be passed only by a unanimous vote of the appropriate body.
(5) Funds levied for an emergency and remaining when no further expenditures are necessary shall remain in a separate emergency fund and shall be used only for expenditures arising from future emergencies.
History: (1) thru (4)En. Sec. 5, Ch. 97, L. 1967; Sec. 11-4305, R.C.M. 1947; (5)En. Sec. 6, Ch. 97, L. 1967; Sec. 11-4306, R.C.M. 1947; R.C.M. 1947, 11-4305(1) thru (4), 11-4306; amd. Sec. 2, Ch. 216, L. 1981.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 4. Local and Interjurisdictional Planning and Execution › 10-3-406. Authority of principal executive officer

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.
History: En. Sec. 5, Ch. 71, L. 1987; amd. Sec. 5, Ch. 595, L. 1989; amd. Sec. 2, Ch. 450, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 5. Emergency Resource Management › 10-3-501. Policy of state

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.
History: En. Sec. 2, Ch. 297, L. 1967; Sec. 77-1502, R.C.M. 1947; amd. and redes. 77-2401 by Sec. 19, Ch. 94, L. 1974; R.C.M. 1947, 77-2401; amd. Sec. 44, Ch. 42, L. 1997; amd. Sec. 23, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 5. Emergency Resource Management › 10-3-502. Definitions

10-3-502. Definitions.
Unless the context requires otherwise, in this part the following definitions apply:
(1) "Emergency resources management plan" means that plan prepared by the department of military affairs, approved by the federal office of emergency planning, and adopted by the governor, which sets forth the organization, administration, and functions for the emergency management by the state government of essential resources and economic stabilization within the state.
(2) "Enemy attack" means an actual attack by a foreign nation by hostile air raids or other forms of warfare upon this state or any other state or territory of the United States.
(3) "Political subdivision" means any county, city, town, or township of the state.
History: En. Sec. 3, Ch. 297, L. 1967; Sec. 77-1503, R.C.M. 1947; amd. and redes. 77-2402 by Sec. 20, Ch. 94, L. 1974; R.C.M. 1947, 77-2402(part).
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 5. Emergency Resource Management › 10-3-503. Governor's powers and duties

10-3-503. Governor's powers and duties.
(1) The governor has general direction and control of the emergency resources management within this state and all officers, boards, agencies, individuals, or groups established under the emergency resources management plan.
(2) In performing duties under this part, the governor may cooperate with the federal government, with other states, and with private agencies in all matters pertaining to the emergency management of resources.
(3) In performing duties under this part and to effect its policies and purpose, the governor may make, amend, and rescind the necessary orders and rules to carry out this part within the limits of authority conferred upon the governor, with due consideration of the emergency resources management plans of the federal government.
History: En. Sec. 5, Ch. 297, L. 1967; Sec. 77-1505, R.C.M. 1947; amd. and redes. 77-2403 by Sec. 21, Ch. 94, L. 1974; R.C.M. 1947, 77-2403; amd. Sec. 24, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 5. Emergency Resource Management › 10-3-504. Emergency resources management plan

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.
History: En. Sec. 3, Ch. 297, L. 1967; Sec. 77-1503, R.C.M. 1947; amd. and redes. 77-2402 by Sec. 20, Ch. 94, L. 1974; R.C.M. 1947, 77-2402(part); amd. Sec. 45, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 5. Emergency Resource Management › 10-3-506. Judicial inquiry of proclamation

10-3-506. Judicial inquiry of proclamation.
Every proclamation and the facts related in the proclamation issued under this part are subject to judicial inquiry by the state supreme court as to the existence of the facts underlying the issuance of the proclamation and whether the action was reasonable under the circumstances.
History: En. Sec. 7, Ch. 297, L. 1967; Sec. 77-1507, R.C.M. 1947; amd. and redes. 77-2405 by Sec. 23, Ch. 94, L. 1974; R.C.M. 1947, 77-2405.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 5. Emergency Resource Management › 10-3-507. Penalty for violation of rules

10-3-507. Penalty for violation of rules.
A person violating any of the rules or orders adopted and promulgated under 10-3-505 shall upon conviction be subject to a fine not to exceed $10,000 or to a term of imprisonment not to exceed 5 years, or both.
History: En. Sec. 8, Ch. 297, L. 1967; Sec. 77-1508, R.C.M. 1947; amd. and redes. 77-2406 by Sec. 24, Ch. 94, L. 1974; R.C.M. 1947, 77-2406.