reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2116. Repealed

7-35-2116. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 15, Ch. 221, L. 1943; amd. Sec. 15, Ch. 16, L. 1945; R.C.M. 1947, 9-215(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2121. Repealed

7-35-2121. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 9, Ch. 221, L. 1943; amd. Sec. 9, Ch. 16, L. 1945; amd. Sec. 1, Ch. 93, L. 1951; amd. Sec. 1, Ch. 4, L. 1955; amd. Sec. 1, Ch. 74, L. 1977; R.C.M. 1947, 9-209(part); amd. Sec. 4, Ch. 140, L. 1989; amd. Sec. 12, Ch. 130, L. 2005.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2122. Repealed

7-35-2122. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 9, Ch. 221, L. 1943; amd. Sec. 9, Ch. 16, L. 1945; amd. Sec. 1, Ch. 93, L. 1951; amd. Sec. 1, Ch. 4, L. 1955; amd. Sec. 1, Ch. 74, L. 1977; R.C.M. 1947, 9-209(part); amd. Sec. 13, Ch. 263, L. 1979; amd. Sec. 78, Ch. 584, L. 1999; amd. Sec. 88, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2123. Repealed

7-35-2123. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 1, Ch. 94, L. 1951; R.C.M. 1947, 9-209.1.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2124. Repealed

7-35-2124. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 10, Ch. 221, L. 1943; amd. Sec. 10, Ch. 16, L. 1945; R.C.M. 1947, 9-210(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2125. Repealed

7-35-2125. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 9, Ch. 221, L. 1943; amd. Sec. 9, Ch. 16, L. 1945; amd. Sec. 1, Ch. 93, L. 1951; amd. Sec. 1, Ch. 4, L. 1955; amd. Sec. 1, Ch. 74, L. 1977; R.C.M. 1947, 9-209(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2131. Establishment and maintenance of permanent care and improvement fund

7-35-2131. Establishment and maintenance of permanent care and improvement fund.
Any public cemetery district formed under the provisions of this part which shall have established and be maintaining a cemetery shall provide, in the manner set forth in 7-35-2131 through 7-35-2150, for the establishment and maintenance of a permanent fund, the income of which shall be devoted to the care, maintenance, and improvement of such cemetery. This fund shall be known as the permanent care and improvement fund of such public cemetery district.
History: En. Sec. 1, Ch. 165, L. 1955; R.C.M. 1947, 9-216.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2132. Application for appointment of trustees of fund

7-35-2132. Application for appointment of trustees of fund.
Whenever money to the amount of $100 shall have been received by such public cemetery district heretofore or hereafter formed, either from the sale of lots or from direct payments of such public cemetery district toward such a fund by lot owners, the trustees of such public cemetery district shall immediately make application to the judge of the district court of the judicial district in which the cemetery for which such trust fund exists for the appointment of a trustee or of a board of trustees of such fund.
History: En. Sec. 2, Ch. 165, L. 1955; R.C.M. 1947, 9-217(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2133. Appointment of trustees of fund

7-35-2133. Appointment of trustees of fund.
(1) The district judge shall, upon receipt of the application, appoint a trustee or a board of trustees to administer the fund from a list submitted to the judge by the trustees of the public cemetery district.
(2) The number of trustees for the fund may not exceed five, with the exact number to be set at the discretion of the trustees of the public cemetery district. Each trustee for the fund must be a resident of the state during the time the trustee exercises the powers of the trust.
(3) If a person who is chosen and appointed fails to qualify within 30 days after appointment, a vacancy exists, and the judge of the district court shall appoint from a list submitted to the judge by the trustees of the public cemetery district a person possessing the qualifications to fill the vacancy in the board of trustees of the fund.
History: En. Sec. 2, Ch. 165, L. 1955; R.C.M. 1947, 9-217(part); amd. Sec. 4, Ch. 213, L. 1979; amd. Sec. 735, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2134. Use of bank as trustee

7-35-2134. Use of bank as trustee.
The board of trustees shall also have the power and authority to nominate any bank which is authorized to act as a trust company in Montana under state or federal law to be trustee of such trust fund. In that event the district court shall make appointment of such nominee which shall serve in such capacity without bond but shall be required to make all reports and discharge all the duties and obligations required of individual trustees.
History: En. Sec. 2, Ch. 165, L. 1955; R.C.M. 1947, 9-217(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2135. Term of office for trustees of fund

7-35-2135. Term of office for trustees of fund.
The tenure of office of the trustee or trustees of such fund shall be for the term of 3 years unless they permanently remove from the state of Montana or are removed from office by the judge of said district court for good cause shown or their tenure is otherwise terminated as provided in 7-35-2131 through 7-35-2150.
History: En. Sec. 3, Ch. 165, L. 1955; R.C.M. 1947, 9-218.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2136. Vacancies

7-35-2136. Vacancies.
In the case of the death, resignation, disability, or removal of any member or members of said board of trustees of said fund, the judge of said district court shall forthwith appoint a trustee or trustees to fill such vacancy or vacancies in the same manner as above provided in the case of an original vacancy.
History: En. Sec. 5, Ch. 165, L. 1955; R.C.M. 1947, 9-220.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2137. Compensation of trustees of fund

7-35-2137. Compensation of trustees of fund.
(1) The trustee or the members of the board of trustees of such permanent care and improvement fund shall receive such compensation as may be agreed upon between such trustee or between such board of trustees of such permanent care and improvement fund on the one hand and the board of trustees of the public cemetery district on the other provided that the total compensation of such trustee or of the entire board of trustees shall in no case exceed the sum of $100 per annum.
(2) The fees of such trustee or of the members of the board of trustees shall be paid out of the general fund of the public cemetery district until such trust fund shall reach $10,000, and thereafter the same shall be paid out of the income of such fund.
History: En. Sec. 13, Ch. 165, L. 1955; R.C.M. 1947, 9-228.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2138. Secretary for trustees of fund

7-35-2138. Secretary for trustees of fund.
The secretary of the public cemetery district shall act as secretary of such trustee or as secretary of such board of trustees of such fund and shall keep a full record of their proceedings.
History: En. Sec. 14, Ch. 165, L. 1955; R.C.M. 1947, 9-229.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2139. Bond requirements for trustees of fund

7-35-2139. Bond requirements for trustees of fund.
(1) Before exercising or having any of the powers, duties, rights, titles, authorities, or franchises appertaining to the trust or trusteeship, each person chosen to be a trustee of the fund shall give to the public cemetery district for which the trust is maintained a bond in a sum equaling at least 1 1/3 times the value of the property on hand at the time of giving the bond, with good and sufficient sureties who shall justify in the aggregate in at least double the amount of the bond. The bond must be conditioned for the due and faithful performance of the trust until July 1 of the next even-numbered year after the year in which the bond is given and until the trustee gives a new bond as provided in this section.
(2) On July 1 in each even-numbered year, each trustee shall give a new bond conditioned, in an amount, and with sureties as provided in subsection (1).
(3) The bonds must be approved by a judge of the district court for the judicial district in which the cemetery for the trust exists or some part of the trust is situated and must be filed with the clerk of the district court of the county in which the cemetery is located.
History: En. Sec. 4, Ch. 165, L. 1955; R.C.M. 1947, 9-219(part); amd. Sec. 736, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2140. Effect of failure to renew bond

7-35-2140. Effect of failure to renew bond.
Any failure to renew bonds within 30 days after the time hereinbefore provided shall be a sufficient ground for the removal of any trustee within the discretion of the district court.
History: En. Sec. 4, Ch. 165, L. 1955; R.C.M. 1947, 9-219(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2141. Reduction of bond by deposit of money and securities

7-35-2141. Reduction of bond by deposit of money and securities.
(1) For the purpose of fixing the amount of the bond, the value of the property on hand may be reduced in an amount equal to the value of the money, bonds, and securities that the trustee or trustees of the permanent care and improvement fund deposit with the county treasurer as provided in subsection (2).
(2) The trustee or trustees of the fund may deposit for safekeeping the money, bonds, and securities as they see fit with the county treasurer of the county in which the cemetery or some part of the cemetery is situated. The county treasurer shall receive and safely keep all money, bonds, and securities and pay them out or deliver them upon the order of the trustee or a majority of the trustees, when countersigned by a judge of the judicial district and not otherwise, and shall keep an account with the trustee or trustees of all those transactions. For the safekeeping and payment and delivery of all money, bonds, and securities as provided in this section, the treasurer and the treasurer's sureties are liable upon the treasurer's official bond.
History: En. Sec. 4, Ch. 165, L. 1955; R.C.M. 1947, 9-219(part); amd. Sec. 737, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2142. Effect of failure of district to make application for trustees or of disability of all members of board of trustees of fund

7-35-2142. Effect of failure of district to make application for trustees or of disability of all members of board of trustees of fund.
(1) In the case of the failure of the trustees of such public cemetery district to make application to the judge of said district court for the appointment of a board of trustees of such fund as provided in 7-35-2132 or in the case of the death, removal, resignation, or disability of all the members of such board, the said rights, titles, interests, authorities, powers, franchises, and trusts of such fund shall vest in the district court of the county in which such cemetery or the greater part thereof shall be situated until the appointment and qualification of a new board of trustees. In such cases, such trustee or such board of trustees of such fund shall be appointed by the district court of said county upon application of any person interested and upon notice of other persons interested, as the judge of said court may order.
(2) The trustee or trustees appointed by the judge of said court under the provisions of this section shall have the same rights, powers, authorities, and franchises as the trustee or trustees appointed under 7-35-2131 through 7-35-2150. Such trustee or such board of trustees must annually, or more often if so required by order of such court, file in the office of the clerk of the district court of the county where such cemetery is situated a duly verified account showing a detailed statement of all money collected and of all securities on hand, together with all money disbursed during the preceding year. Any interested party may apply to the district court for an order requiring such trustee or such board of trustees to make such an accounting at any time.
(3) Any owner of an interest in any lot in the cemetery cared for by such trust, any trustee of the public cemetery district, and any trustee of the said trust fund shall have the right to make any application to the court provided for in 7-35-2131 through 7-35-2150.
History: En. Sec. 7, Ch. 165, L. 1955; R.C.M. 1947, 9-222.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2143. Recording of instruments of appointment of trustees of fund

7-35-2143. Recording of instruments of appointment of trustees of fund.
All instruments of appointment of a trustee or of a board of trustees of such funds shall be recorded with the secretary of the public cemetery district establishing the fund and shall also be filed in the office of the clerk of the district court in the county in which such public cemetery district is located.
History: En. Sec. 8, Ch. 165, L. 1955; R.C.M. 1947, 9-223.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2144. Vesting of funds in trustees

7-35-2144. Vesting of funds in trustees.
Upon the election, appointment, and qualification, as provided in this part, of the trustees of the fund, all of the title to the funds included in the trust and all of the rights, powers, authorities, franchises, and trusts pertaining to the trust vest in the trustees. In case of the failure of any of those chosen and appointed to qualify within 30 days after their appointment, then the rights, powers, authorities, franchises, and trusts vest in those who qualify.
History: En. Sec. 2, Ch. 165, L. 1955; R.C.M. 1947, 9-217(part); amd. Sec. 738, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2145. Vesting of powers and duties in new trustees

7-35-2145. Vesting of powers and duties in new trustees.
In case of the death, resignation, disability, or removal of any one or more of the trustees of such fund, all the rights, titles, powers, authorities, franchises, and trusts whatsoever existing in such trustee at the time of such death, resignation, disability, or removal shall at once, without further act or conveyance, vest in the survivor or survivors until the vacancy or vacancies so occasioned shall be filled, when the same shall in the same manner vest in the board as so reconstituted. All newly appointed trustees shall at once, upon qualification, succeed to an equal share in all the rights, titles, powers, authorities, franchises, and trusts belonging to such board; and the same shall always be vested in the members of such board as actually constituted.
History: En. Sec. 6, Ch. 165, L. 1955; R.C.M. 1947, 9-221.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2146. Administration of permanent care and improvement fund

7-35-2146. Administration of permanent care and improvement fund.
(1) From and after March 4, 1955, the trustees of such cemetery district as are mentioned in 7-35-2132 shall provide, by resolution spread upon the minutes of such public cemetery district, for the transfer to the trustees of such permanent care and improvement fund of not less than 15% or more than 40% of the money received from the sale of cemetery lots designated as perpetual care lots by said public cemetery district, together with all money theretofore or thereafter received from the owners of lots for the care of such lots. Such transfer of any such funds then on hand shall then and there be made. Such transfers shall be made thereafter quarterly, upon the first day of January, April, July, and October of each year, to the trustees of such fund.
(2) If at any time there shall remain in the hands of such public cemetery district unexpended money over and above the liabilities of the public cemetery district, the board of trustees of such public cemetery district may by a two-thirds vote appropriate the whole or any portion of such unexpended money to such permanent care and improvement fund, provided that such fund (exclusive of such portion thereof as may have been paid in by owners of lots for the care of such lots) shall never in any case be allowed to exceed the sum of $5,000 per acre of the cemetery to be cared for therewith, and when such fund shall reach such amount, all appropriations and payments thereto shall cease.
History: En. Sec. 9, Ch. 165, L. 1955; R.C.M. 1947, 9-224.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2147. Financial management of fund

7-35-2147. Financial management of fund.
(1) The principal of such fund shall in all cases remain intact and inviolate.
(2) The principal of such fund may be invested in the way in which public employees' retirement funds are permitted to be invested in Montana and not otherwise, provided that each investment made by the trustee or by the board of trustees shall be subject to the approval of the board of trustees of the public cemetery district.
(3) The trustees of such fund shall, on January 1 and July 1 in each year, turn over to the treasurer of such public cemetery district all accrued income arising from such fund, and the receipt of such treasurer therefor shall be a sufficient voucher in the hands of such trustees.
History: (1), (3)En. Sec. 10, Ch. 165, L. 1955; Sec. 9-225, R.C.M. 1947; (2)En. Sec. 12, Ch. 165, L. 1955; amd. Sec. 6, Ch. 98, L. 1974; Sec. 9-227, R.C.M. 1947; R.C.M. 1947, 9-225, 9-227.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2148. Disposition of fund income

7-35-2148. Disposition of fund income.
(1) The income of that portion of such fund received from the sale of lots designated as perpetual care lots shall be used, in the discretion of the trustees of such public cemetery district, solely for the care, maintenance, and improvement of such cemetery lots and its grounds, roads, walks, and avenues leading thereto, except as herein provided. The income from such portion of such funds as shall have been paid in by lot owners for the care of specific lots shall be segregated from the other portion, each lot being credited with its respective income, and shall be used solely for the care of such lots, respectively.
(2) In the event of any portion of the income so paid ever remaining unexpended for such purposes for 1 year after its being so paid over to the treasurer of such public cemetery district, it shall be returned to the trustees of such fund by said treasurer and become a part of the principal.
History: En. Sec. 11, Ch. 165, L. 1955; R.C.M. 1947, 9-226(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2149. Notice to purchasers of cemetery lots of transfers to fund

7-35-2149. Notice to purchasers of cemetery lots of transfers to fund.
After July 1, 1955, all public cemetery districts shall distinctly specify in all conveyances of lots therein the percentage of the price received therefor to be transferred under the provisions of 7-35-2131 through 7-35-2150 to the permanent care and improvement fund of such public cemetery district and also such further sum, if there be any, paid by the purchaser for the permanent care of the specific lot or lots thereby conveyed to be transferred as hereinbefore provided.
History: En. Sec. 11, Ch. 165, L. 1955; R.C.M. 1947, 9-226(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 21. Cemetery Districts › 7-35-2150. Annual report -- availability

7-35-2150. Annual report -- availability.
The trustee or the board of trustees of such fund shall annually on January 1 make its report of the condition of such trust fund to the trustees of the public cemetery district as hereinbefore provided. Such reports shall always be kept by the secretary of such public cemetery district and by the clerk of the district court and be open to the inspection of any person owning an interest in any lot in the cemetery cared for by such fund.
History: En. Sec. 15, Ch. 165, L. 1955; R.C.M. 1947, 9-230.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 22. Cemeteries in Counties › 7-35-2201. Repealed

7-35-2201. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 1, Ch. 39, L. 1919; re-en. Sec. 4514, R.C.M. 1921; re-en. Sec. 4514, R.C.M. 1935; amd. Sec. 1, Ch. 172, L. 1974; R.C.M. 1947, 9-401(part); amd. Sec. 27, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 22. Cemeteries in Counties › 7-35-2202. Repealed

7-35-2202. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 1, Ch. 39, L. 1919; re-en. Sec. 4514, R.C.M. 1921; re-en. Sec. 4514, R.C.M. 1935; amd. Sec. 1, Ch. 172, L. 1974; R.C.M. 1947, 9-401(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 22. Cemeteries in Counties › 7-35-2205. Veterans' cemetery

7-35-2205. Veterans' cemetery.
(1) Pursuant to Article II, section 35, of the Montana constitution, a county may provide for the construction, maintenance, and administration of a veterans' cemetery, set the standards by which the cemetery must be constructed and maintained, and determine qualifications for burial in the cemetery.
(2) Subject to 15-10-420, to fund the cemetery, the county may impose a property tax levy, accept gifts, grants, or donations, and receive allowances and collect charges authorized by state or federal law regarding burial of a veteran or a veteran's spouse.
History: En. Sec. 1, Ch. 112, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 41. Cemeteries in Municipalities › 7-35-4101. Repealed

7-35-4101. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Subd. 46, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.45, R.C.M. 1935; R.C.M. 1947, 11-948.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 41. Cemeteries in Municipalities › 7-35-4102. Vesting of title to cemetery grounds -- restrictions on use

7-35-4102. Vesting of title to cemetery grounds -- restrictions on use.
The title to lands used as a public cemetery or graveyard, situated in or near any city or town and used by the inhabitants of the city or town as a burial ground without interruption for 5 years, is vested in the inhabitants of the city or town. The lands must be used as a public cemetery, except:
(1) the bodies interred in the cemetery grounds may be removed and no additional bodies may be interred in the cemetery grounds upon the order of the board of county commissioners, city council, or other body having authority when it appears that the public health is endangered or for any other good cause. A new cemetery must be purchased and laid out by proper authority and the bodies removed from the old cemetery must be interred in the new cemetery. The old cemetery may be sold and the proceeds applied to the purchase of the new cemetery.
(2) when a portion of the cemetery grounds are determined to be unsuitable for the interment of bodies, the unsuitable grounds may be used for another public purpose upon the order of the board of county commissioners, city council, or other body having authority.
History: En. Sec. 2880, Pol. C. 1895; re-en. Sec. 1988, Rev. C. 1907; re-en. Sec. 5168, R.C.M. 1921; Cal. Pol. C. Sec. 3105; re-en. Sec. 5168, R.C.M. 1935; R.C.M. 1947, 9-301; amd. Sec. 1, Ch. 198, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 41. Cemeteries in Municipalities › 7-35-4103. Repealed

7-35-4103. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 2881, Pol. C. 1895; re-en. Sec. 1989, Rev. C. 1907; re-en. Sec. 5169, R.C.M. 1921; Cal. Pol. C. Sec. 3106; re-en. Sec. 5169, R.C.M. 1935; R.C.M. 1947, 9-302.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 41. Cemeteries in Municipalities › 7-35-4104. Repealed

7-35-4104. Repealed.
Sec. 8, Ch. 18, L. 1999.
History: En. Sec. 2882, Pol. C. 1895; re-en. Sec. 1990, Rev. C. 1907; re-en. Sec. 5170, R.C.M. 1921; Cal. Pol. C. Sec. 3107; re-en. Sec. 5170, R.C.M. 1935; R.C.M. 1947, 9-303; amd. Sec. 14, Ch. 263, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 41. Cemeteries in Municipalities › 7-35-4105. Repealed

7-35-4105. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 2884, Pol. C. 1895; re-en. Sec. 1992, Rev. C. 1907; re-en. Sec. 5172, R.C.M. 1921; Cal. Pol. C. Sec. 3109; re-en. Sec. 5172, R.C.M. 1935; R.C.M. 1947, 9-305(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 41. Cemeteries in Municipalities › 7-35-4106. Repealed

7-35-4106. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 2883, Pol. C. 1895; re-en. Sec. 1991, Rev. C. 1907; re-en. Sec. 5171, R.C.M. 1921; Cal. Pol. C. Sec. 3108; re-en. Sec. 5171, R.C.M. 1935; R.C.M. 1947, 9-304.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 41. Cemeteries in Municipalities › 7-35-4107. Repealed

7-35-4107. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 2884, Pol. C. 1895; re-en. Sec. 1992, Rev. C. 1907; re-en. Sec. 5172, R.C.M. 1921; Cal. Pol. C. Sec. 3109; re-en. Sec. 5172, R.C.M. 1935; R.C.M. 1947, 9-305(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 41. Cemeteries in Municipalities › 7-35-4108. Repealed

7-35-4108. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 2885, Pol. C. 1895; re-en. Sec. 1993, Rev. C. 1907; re-en. Sec. 5173, R.C.M. 1921; re-en. Sec. 5173, R.C.M. 1935; R.C.M. 1947, 9-306.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 35. Cemetery Services › Part 41. Cemeteries in Municipalities › 7-35-4109. Repealed

7-35-4109. Repealed.
Sec. 39, Ch. 286, L. 2009.
History: En. Sec. 2886, Pol. C. 1895; re-en. Sec. 1994, Rev. C. 1907; re-en. Sec. 5174, R.C.M. 1921; re-en. Sec. 5175, R.C.M. 1935; R.C.M. 1947, 9-307.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 1. General Provisions › 10-1-101. Definitions

10-1-101. Definitions.
Unless the context requires otherwise, in this title, the following definitions apply:
(1) "Department" means the department of military affairs.
(2) "Militia" means all the military forces of this state, whether organized or active or inactive.
(3) "National guard" means the army national guard and the air national guard.
(4) "Officer" means a commissioned or warrant officer.
(5) "Youth challenge program" means the Montana national guard youth challenge program established pursuant to 10-1-1401.
History: En. 77-1601 by Sec. 25, Ch. 94, L. 1974; amd. Sec. 7, Ch. 49, L. 1977; R.C.M. 1947, 77-1601; amd. Sec. 1, Ch. 347, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 1. General Provisions › 10-1-102. Powers and duties of department of military affairs

10-1-102. Powers and duties of department of military affairs.
Under the direction of the governor, the department shall:
(1) keep a roster of all officers and enlisted persons of the militia of this state whether active, inactive, or retired;
(2) supervise, administer, and coordinate civil defense and disaster control activities;
(3) recruit, mobilize, administer, train, discipline, equip, and supply the organized militia;
(4) maintain the archives and keep the records and documents required by law or regulation to be filed with the United States department of defense;
(5) establish and maintain the headquarters required for the militia;
(6) exercise the powers vested in it and perform any other duty and function required of it by the governor and by federal and state laws and regulations.
History: En. 77-1606 by Sec. 30, Ch. 94, L. 1974; amd. Sec. 8, Ch. 49, L. 1977; R.C.M. 1947, 77-1606.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 1. General Provisions › 10-1-103. Classes of militia

10-1-103. Classes of militia.
The classes of the militia are:
(1) the organized militia, which consists of the national guard and the Montana home guard;
(2) the unorganized militia, which consists of the members of the militia who are not members of the organized militia.
History: En. 77-1602 by Sec. 26, Ch. 94, L. 1974; R.C.M. 1947, 77-1602.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 1. General Provisions › 10-1-104. Federal regulations to govern

10-1-104. Federal regulations to govern.
(1) Federal laws and regulations, forms, precedents, and usages relating to and governing the armed forces of the United States and the national guard, as in effect on October 1, 2023, insofar as they are applicable and not inconsistent with the constitution and laws of this state or with a rule or regulation adopted pursuant to 10-1-105, apply to and govern the national guard of this state, including all members on active duty within the state as active duty guard/reserve (AGR) personnel under Title 32 of the United States Code.
(2) The Uniform Code of Military Justice, as in effect on October 1, 2023, including the regulations, manuals, forms, precedents, and usages implementing, interpreting, and complementing the code, is adopted for use by the national guard of this state and applies, insofar as the code is not otherwise inconsistent with the constitution and laws of this state, including the regulations, manuals, forms, precedents, and usages implementing, interpreting, and complementing the constitution and laws of this state, or with a rule or regulation adopted pursuant to 10-1-105, to the greatest extent practicable to govern the national guard of this state, including all members on active duty within the state as active duty guard/reserve (AGR) personnel under Title 32 of the United States Code when the members are serving other than in a federal capacity under Title 10 of the United States Code.
History: En. 77-1603 by Sec. 27, Ch. 94, L. 1974; R.C.M. 1947, 77-1603; amd. Sec. 1, Ch. 430, L. 1983; amd. Sec. 1, Ch. 120, L. 1995; amd. Sec. 1, Ch. 10, L. 1997; amd. Sec. 1, Ch. 33, L. 1999; amd. Sec. 1, Ch. 4, L. 2001; amd. Sec. 1, Ch. 17, L. 2003; amd. Sec. 1, Ch. 61, L. 2005; amd. Sec. 1, Ch. 26, L. 2007; amd. Sec. 1, Ch. 49, L. 2009; amd. Sec. 1, Ch. 22, L. 2011; amd. Sec. 1, Ch. 8, L. 2013; amd. Sec. 1, Ch. 10, L. 2015; amd. Sec. 1, Ch. 17, L. 2017; amd. Sec. 1, Ch. 150, L. 2019; amd. Sec. 1, Ch. 124, L. 2021; amd. Sec. 1, Ch. 124, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 1. General Provisions › 10-1-105. Rules and regulations by governor and adjutant general

10-1-105. Rules and regulations by governor and adjutant general.
(1) The governor may prescribe rules to carry out the functions and duties under this title and the constitution of this state.
(2) The adjutant general may adopt rules and regulations governing the armed forces of the state and to carry out the duties of the adjutant general and the duties of the department.
History: En. 77-1604 by Sec. 28, Ch. 94, L. 1974; R.C.M. 1947, 77-1604; amd. Sec. 1, Ch. 91, L. 1995; amd. Sec. 2, Ch. 61, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 1. General Provisions › 10-1-106. Proclamation of martial rule

10-1-106. Proclamation of martial rule.
(1) Subject to subsections (2) and (3), when the militia is employed in aid of civil authority, the governor may by proclamation declare any part of a county or municipality in which troops are serving to be subject to martial rule.
(2) The governor shall confer with the president of the senate and the speaker of the house on a continual basis throughout the duration of a proclamation.
(3) A proclamation of martial rule is void after 21 days unless a majority of the members in each house vote to approve the proclamation through a poll of the legislature as provided in 10-3-122 or through joint resolution in a regular or special session. A ballot that is not returned by the deadline established by the secretary of state is considered a vote to discontinue martial rule.
History: En. 77-1605 by Sec. 29, Ch. 94, L. 1974; R.C.M. 1947, 77-1605; amd. Sec. 6, Ch. 504, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 1. General Provisions › 10-1-107. Property remains public property

10-1-107. Property remains public property.
All property issued to organizations and members of the organized militia remains public property.
History: En. 77-2001 by Sec. 51, Ch. 94, L. 1974; R.C.M. 1947, 77-2001.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 1. General Provisions › 10-1-108. Armories -- acquisition and sale -- proceeds -- account -- utilities easements

10-1-108. Armories -- acquisition and sale -- proceeds -- account -- utilities easements.
(1) A county, city, or town may convey or lease real property to the state for armories or other military facilities.
(2) A county, city, or town in which a unit of the national guard is organized and regularly stationed may provide any part of the funds to build an armory. The armory must be of sufficient size and suitable for the drill of the unit.
(3) (a) There is a Montana national guard land purchase account in the state special revenue fund. If the state sells an armory, the money from the sale must be deposited in the account.
(b) Money in the account is statutorily appropriated, as provided in 17-7-502, for the purposes described in subsection (4).
(c) Any interest and income accruing on the account must be deposited in the state general fund.
(4) Money in the account is expendable solely on the authorization of the governor and may be used for:
(a) preparations to purchase or the purchase of land necessary for the Montana national guard's mission;
(b) project design of construction projects allowed in subsection (4)(c); and
(c) construction of facilities necessary for the Montana national guard's mission subject to the provisions of the state long-range building program and 18-2-102. Money in the account may not be expended for construction unless the balance of the account, after any proposed construction expenses are deducted, is at least $250,000.
(5) The department may accept the in-kind provision of services or materials, or both, as consideration equal to or exceeding the full market value of any utilities easement on real property used by the department for an armory or military facility.
History: En. 77-2006 by Sec. 56, Ch. 94, L. 1974; R.C.M. 1947, 77-2006; amd. Sec. 1, Ch. 227, L. 2009; amd. Sec. 1, Ch. 149, L. 2019; amd. Sec. 1, Ch. 105, L. 2021; amd. Sec. 1, Ch. 91, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 1. General Provisions › 10-1-109. Lease of real property for military facilities

10-1-109. Lease of real property for military facilities.
The department of military affairs may lease real property for armories or other military facilities.
History: En. 77-2007 by Sec. 57, Ch. 94, L. 1974; R.C.M. 1947, 77-2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 1. General Provisions › 10-1-110. Repealed

10-1-110. Repealed.
Sec. 16, Ch. 724, L. 1991.
History: En. Sec. 1, Ch. 135, L. 1965; amd. Sec. 1, Ch. 114, L. 1967; R.C.M. 1947, 53-106.7; amd. Sec. 1, Ch. 306, L. 1983.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 1. General Provisions › 10-1-111. Immunity from liability

10-1-111. Immunity from liability.
The state, an officer, employee, or agent of the state, or a member of the militia may not be held liable in a civil action for damages that result from an action that occurs while the officer, employee, agent, or member is considered an employee of the federal government under the Federal Tort Claims Act, 28 U.S.C. 2671, et seq.
History: En. Sec. 1, Ch. 87, L. 1997.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 1. General Provisions › 10-1-112. Access to confidential criminal justice information

10-1-112. Access to confidential criminal justice information.
The adjutant general or the adjutant general's designee may request from a prosecutor or a law enforcement agency confidential criminal justice information, as defined in 44-5-103, relating to a member of the national guard for use in an administrative action. If the prosecutor or law enforcement agency determines that dissemination of the requested confidential criminal justice information would not jeopardize a pending investigation or other criminal proceeding, the prosecutor or the investigating law enforcement agency may disseminate the information to the adjutant general or the adjutant general's designee.
History: En. Sec. 1, Ch. 18, L. 2017.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 1. General Provisions › 10-1-113. Trial by civil authority -- when authorized

10-1-113. Trial by civil authority -- when authorized.
In a case where the offense under investigation is also an offense against civil authority, the adjutant general or the adjutant general's designee may order the suspect to be turned over to the appropriate civil authorities of this state for charging and trial.
History: En. 77-1908 by Sec. 50, Ch. 94, L. 1974; R.C.M. 1947, 77-1908; amd. Sec. 1, Ch. 53, L. 2017; Sec. 10-1-408, MCA 2021; redes. 10-1-113 by Sec. 4, Ch. 128, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 2. Officers of Militia › 10-1-201. Officers

10-1-201. Officers.
(1) The governor shall appoint all officers of the militia.
(2) Officers must be citizens of the United States.
(3) Before a person can be appointed an officer by the governor, the person must be examined and adjudged qualified to be an officer by an examining board. The composition, appointment, and examination procedure of the board and the nature and scope of examinations must be prescribed by federal law or regulation or state regulations.
(4) Each officer shall hold office under the appointment until the officer is regularly appointed to another grade or office or until the officer is regularly retired, discharged, dismissed, or placed in the reserve.
History: En. 77-1701 by Sec. 31, Ch. 94, L. 1974; R.C.M. 1947, 77-1701; amd. Sec. 1, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 2. Officers of Militia › 10-1-202. Oath of office

10-1-202. Oath of office.
(1) Except when a comparable oath is subscribed to under federal law or regulation, every officer shall take and subscribe to the following oath of office:
"I, ...., do solemnly swear that I will support and defend the constitution of the United States and the constitution of the state of Montana against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the president of the United States and the governor of the state of Montana; that I make this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office of .... in the .... upon which I am about to enter, so help me God."
(2) If an officer refuses or neglects to take the oath, the officer is considered to have resigned the office and a new appointment must be made.
History: En. 77-1702 by Sec. 32, Ch. 94, L. 1974; R.C.M. 1947, 77-1702; amd. Sec. 2, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 2. Officers of Militia › 10-1-203. Retirement of officers

10-1-203. Retirement of officers.
(1) An officer of the national guard must be retired by order of the governor for the following reasons:
(a) upon loss of federal recognition; or
(b) unfitness for military service because of a physical disability.
(2) An officer is retired from the militia with the grade and rank held at the time of retirement.
History: En. 77-1703 by Sec. 33, Ch. 94, L. 1974; R.C.M. 1947, 77-1703; amd. Sec. 1, Ch. 9, L. 1997.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 2. Officers of Militia › 10-1-204. Resignation of officers

10-1-204. Resignation of officers.
An officer may resign, but the resignation is not effective until it has been accepted by the governor.
History: En. 77-1704 by Sec. 34, Ch. 94, L. 1974; R.C.M. 1947, 77-1704.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 2. Officers of Militia › 10-1-205. Vacating commissions or warrants

10-1-205. Vacating commissions or warrants.
The commission or warrant of an officer must be vacated:
(1) upon acceptance by the governor of the resignation of the officer; or
(2) by an order of the governor discharging the officer:
(a) for failure to maintain the officer's qualifications for federal recognition;
(b) upon the scheduled or actual termination or withdrawal of the officer's federal recognition when federal recognition is a prerequisite for continued service;
(c) upon a change in federal reserve status that makes the officer ineligible for continued assignment to a unit of the organized militia;
(d) for the officer's absence from duty without leave for more than 3 months;
(e) upon the recommendation of a board of examination or the sentence of a court-martial;
(f) upon conviction of a felony; or
(g) upon final sentencing to confinement in a federal or state penitentiary or correctional institution as defined in 45-2-101.
History: En. 77-1705 by Sec. 35, Ch. 94, L. 1974; amd. Sec. 9, Ch. 49, L. 1977; R.C.M. 1947, 77-1705; amd. Sec. 1, Ch. 28, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 2. Officers of Militia › 10-1-206. Examination as to fitness -- board of examination

10-1-206. Examination as to fitness -- board of examination.
(1) The governor, when the governor considers it necessary, may order an officer to appear before a board of examination. The board of examination consists of three officers, senior in rank to the officer whose fitness for service is under examination. The board may:
(a) inquire into the fitness for military service due to physical disability of an officer under 10-1-203(1)(b);
(b) inquire into the moral character, capacity, and professional fitness of an officer in order to make a recommendation under 10-1-205(2)(e).
(2) The board, under 10-1-203(1)(b), may recommend the retention of the officer being examined or recommend the officer's retirement because of a physical inability to perform active service.
(3) The board, under 10-1-205(2)(e), may recommend the discharge and the vacating of the officer's commission or warrant.
(4) The findings of the board become effective only upon the approval of the governor.
History: En. 77-1706 by Sec. 36, Ch. 94, L. 1974; R.C.M. 1947, 77-1706; amd. Sec. 3, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 2. Officers of Militia › 10-1-207. Repealed

10-1-207. Repealed.
Sec. 1, Ch. 183, L. 2019.
History: En. 77-1707 by Sec. 37, Ch. 94, L. 1974; R.C.M. 1947, 77-1707; amd. Sec. 1, Ch. 20, L. 1995.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 2. Officers of Militia › 10-1-208. Officer need not vacate civil office

10-1-208. Officer need not vacate civil office.
A person may be an officer in the militia or in a reserve component of the armed forces of the United States without vacating a civil office or position in this state.
History: En. 77-1708 by Sec. 38, Ch. 94, L. 1974; R.C.M. 1947, 77-1708.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 3. Enlisted Members › 10-1-301. Terms of enlistment

10-1-301. Terms of enlistment.
Except as otherwise provided by federal law or regulation, enlistments, reenlistments, and extension of enlistments shall be for periods as prescribed by the department.
History: En. 77-1801 by Sec. 39, Ch. 94, L. 1974; R.C.M. 1947, 77-1801.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 3. Enlisted Members › 10-1-302. Oath of enlistment

10-1-302. Oath of enlistment.
(1) Except when a comparable oath of enlistment is subscribed to under federal law or regulation, every person who enlists or reenlists shall take and subscribe to the following oath of enlistment:
"I hereby acknowledge to have voluntarily enlisted this .... day of .... in the .... of the United States and the state of Montana for a period of .... years under the conditions prescribed by law, unless sooner discharged by proper authority. And I do solemnly swear that I will bear true faith and allegiance to the United States of America and to the state of Montana, and that I will serve them honestly and faithfully against all their enemies, and that I will obey the orders of the president of the United States, the governor of the state of Montana, and the officers appointed over me."
(2) Any officer of the organized militia or any officer of the armed forces of the United States, detailed to duty with any component of the organized militia of this state, may administer the oath of enlistment to enlisted personnel.
History: En. 77-1802 by Sec. 40, Ch. 94, L. 1974; R.C.M. 1947, 77-1802; amd. Sec. 2, Ch. 430, L. 1983; amd. Sec. 4, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 3. Enlisted Members › 10-1-303. Extension of terms of service

10-1-303. Extension of terms of service.
If an emergency is declared by the president, congress, the governor, or the legislature, the governor may by proclamation, in accordance with federal and state law and regulation, extend the enlistment of an enlisted member of the organized militia until 6 months after the termination of that emergency.
History: En. 77-1803 by Sec. 41, Ch. 94, L. 1974; R.C.M. 1947, 77-1803.