reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 11. National Guard Life Insurance Reimbursement(Repealed) › 10-1-1104. Terminated

10-1-1104. Terminated.
Sec. 9, Ch. 604, L. 2005.
History: En. Sec. 4, Ch. 604, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 11. National Guard Life Insurance Reimbursement(Repealed) › 10-1-1111. Repealed

10-1-1111. Repealed.
Sec. 3, Ch. 128, L. 2023.
History: En. Sec. 1, Ch. 373, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 11. National Guard Life Insurance Reimbursement(Repealed) › 10-1-1112. Repealed

10-1-1112. Repealed.
Sec. 3, Ch. 128, L. 2023.
History: En. Sec. 2, Ch. 373, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 11. National Guard Life Insurance Reimbursement(Repealed) › 10-1-1113. Repealed

10-1-1113. Repealed.
Sec. 3, Ch. 128, L. 2023.
History: En. Sec. 3, Ch. 373, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 11. National Guard Life Insurance Reimbursement(Repealed) › 10-1-1114. Repealed

10-1-1114. Repealed.
Sec. 3, Ch. 128, L. 2023.
History: En. Sec. 4, Ch. 373, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 12. Active Duty Death Benefit › 10-1-1201. Death while on state duty -- death benefit payment -- certification -- rules

10-1-1201. Death while on state duty -- death benefit payment -- certification -- rules.
(1) The department of administration shall, upon certification by the department as provided in subsection (2), make a death benefit payment by state warrant in the amount of $50,000 to the beneficiary, as provided in subsection (3), of a member of the national guard who dies in the line of duty performed pursuant to state military duty orders.
(2) Upon the death of the member, the department shall certify to the department of administration:
(a) the name and other identifying information of the member;
(b) that the member died in the line of duty performed pursuant to Article VI, section 13, of the Montana constitution or while on state duty for special work as provided in 10-1-505(2);
(c) that, at the time of the death of the member, the member was being paid or was to be paid for the member's military service from state and not federal military funds; and
(d) the name and address of the beneficiary, as provided in subsection (3), to whom payment must be made.
(3) The department of administration shall pay the death benefit to the member's surviving spouse. If there is no surviving spouse, the department of administration shall pay the death benefit to the member's surviving children in equal shares. If there are no surviving children, the department of administration shall pay the death benefit to the member's survivors pursuant to Title 72 as if the member had died intestate.
(4) The department and the department of administration may adopt rules to implement this section.
History: En. Sec. 1, Ch. 308, L. 2007; amd. Sec. 1, Ch. 140, L. 2013; amd. Sec. 6, Ch. 235, L. 2015.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 12. Active Duty Death Benefit › 10-1-1202. Statutory appropriation

10-1-1202. Statutory appropriation.
The payment to a beneficiary certified pursuant to 10-1-1201 is statutorily appropriated, as provided in 17-7-502, from the general fund to the department of administration.
History: En. Sec. 4, Ch. 308, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 13. Montana Military Family Relief Fund Act › 10-1-1302. Montana military family relief fund -- purpose -- administration

10-1-1302. Montana military family relief fund -- purpose -- administration.
(1) There is a Montana military family relief fund.
(2) The purpose of the fund is to aid members and their family members through the hardships of military service.
(3) The department shall administer the fund as provided in this part.
History: En. Sec. 2, Ch. 311, L. 2007; amd. Sec. 3, Ch. 231, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 13. Montana Military Family Relief Fund Act › 10-1-1303. Fund account -- statutory appropriation

10-1-1303. Fund account -- statutory appropriation.
(1) There is a Montana military family relief fund account in the state special revenue fund provided for in 17-2-102. All money transferred to the fund by the legislature, all monetary contributions, gifts, and grants donated to the fund, all contributions made to the fund pursuant to 15-30-2392, and all interest and income earned on money in the account must be deposited into the account.
(2) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department for the purposes of this part.
History: En. Sec. 3, Ch. 311, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 13. Montana Military Family Relief Fund Act › 10-1-1304. Definitions

10-1-1304. Definitions.
As used in this part, the following definitions apply:
(1) "Account" means the Montana military family relief fund account established in 10-1-1303.
(2) "Contingency operation" means an assignment within the provisions of 10 U.S.C. 101(a)(13).
(3) "Family member" means a person who has been approved as a dependent of a member and is enrolled as a dependent of the member in the defense enrollment eligibility reporting system of the United States department of defense.
(4) "Fund" means the Montana military family relief fund established in 10-1-1302.
(5) "Member" means:
(a) a member of the Montana army national guard;
(b) a member of the Montana air national guard; or
(c) a Montana resident who is a member of the reserve component, as defined in 38 U.S.C. 101, and who, beginning July 1, 2007, or after, is on active duty for federal service in a contingency operation.
History: En. Sec. 4, Ch. 311, L. 2007; amd. Sec. 4, Ch. 231, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 13. Montana Military Family Relief Fund Act › 10-1-1305. Allowable uses of account

10-1-1305. Allowable uses of account.
Subject to the availability of money in the account and 10-1-1306, the department shall use the money in the account to make the following grants to members and to family members:
(1) a status-based grant of $250 to each family member of a member who is activated for federal service in a contingency operation for a period of more than 30 days;
(2) a needs-based grant of not more than $2,000 to a member or a family member if the member or family member is experiencing a significant emergency that, in the discretion of the department, warrants financial assistance; and
(3) a casualty-based grant of $2,000 to a member who at any time after activation for federal service in a contingency operation sustained a nonfatal injury in the course of or related to combat as a direct result of hostile action. A member may receive only one casualty-based grant for injuries sustained during or arising out of the same contingency operation.
History: En. Sec. 5, Ch. 311, L. 2007; amd. Sec. 5, Ch. 231, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 13. Montana Military Family Relief Fund Act › 10-1-1306. Ineligibility for grants

10-1-1306. Ineligibility for grants.
(1) (a) A member who at any time prior to the disbursement of grant money receives a punitive discharge pursuant to the federal Manual for Courts-Martial or an administrative discharge with service characterized as other than honorable conditions is ineligible for any grant under 10-1-1305.
(b) A family member of a member described in subsection (1)(a) is ineligible for any grant under 10-1-1305.
(2) (a) A member and a family member of the member are ineligible for status-based and needs-based grants under 10-1-1305 if the member holds a rank or pay grade, as those terms are used in Titles 10 and 37 of the United States Code, of:
(i) 0-4 (major or lieutenant commander) or higher if a commissioned officer; or
(ii) W-4 (chief warrant officer, W-4) or higher if a warrant officer.
(b) The determination of the member's pay grade must be made at the time of application for the grant.
(3) A member is ineligible for a casualty-based grant under 10-1-1305 if:
(a) the member's injury is the result of a self-inflicted wound, willful negligence by the member, or other misconduct by the member; or
(b) the injury occurs when the member is not in an authorized duty status.
History: En. Sec. 6, Ch. 311, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 13. Montana Military Family Relief Fund Act › 10-1-1307. Rules

10-1-1307. Rules.
The department shall adopt rules pursuant to 10-1-105 to implement and administer the provisions of this part. The rules must ensure that all similarly situated members and family members are treated equitably and must include but are not limited to provisions regarding:
(1) applications;
(2) timelines;
(3) eligibility, including proof of eligibility of members and family members;
(4) the procedure for establishing the priority of grant awards if the amount of money available in the account is insufficient to support an award of grants to the maximum authority allowed under 10-1-1305;
(5) the appeal process for grant applications that are denied; and
(6) disbursement of grant money to members and family members.
History: En. Sec. 7, Ch. 311, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 13. Montana Military Family Relief Fund Act › 10-1-1308. Grant application -- review -- approval or denial

10-1-1308. Grant application -- review -- approval or denial.
(1) A member or a family member may apply for a grant authorized under 10-1-1305 on forms provided by and in the manner prescribed by the department.
(2) (a) A committee of three members shall review all applications for needs-based grants and shall recommend to the adjutant general approval or denial of each application.
(b) The committee is composed of the director of the department of public health and human services provided for in 2-15-2201 or the director's designee, the commissioner of labor and industry provided for in 2-15-1701 or the commissioner's designee, and the budget director provided for in 17-7-103 or the budget director's designee.
(3) The adjutant general shall review all grant applications and the recommendations of the committee made under subsection (2) and shall either approve or deny each application pursuant to the rules adopted under 10-1-1307.
(4) The department shall notify the applicant in writing as to whether the applicant's application for a grant is approved or denied.
History: En. Sec. 8, Ch. 311, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 13. Montana Military Family Relief Fund Act › 10-1-1309. Review if application denied

10-1-1309. Review if application denied.
(1) If the adjutant general denies an application for a grant, the adjutant general shall explain the basis for the denial to the applicant in writing.
(2) An applicant whose application is denied may appeal the decision in writing to the adjutant general in the manner prescribed by rule. After considering the applicant's appeal, the adjutant general shall affirm or deny the appeal in writing.
(3) There is no further appeal if the adjutant general denies the appeal.
History: En. Sec. 9, Ch. 311, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 13. Montana Military Family Relief Fund Act › 10-1-1310. Contributions to fund

10-1-1310. Contributions to fund.
The department may accept monetary contributions, gifts, or grants to the fund. Upon receipt, monetary contributions, gifts, and grants must be deposited into the account.
History: En. Sec. 10, Ch. 311, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 14. National Guard Youth Challenge Program › 10-1-1401. Montana national guard youth challenge program authorized

10-1-1401. Montana national guard youth challenge program authorized.
A youth challenge program provided for pursuant to 32 U.S.C. 509 may be established in the department.
History: En. Sec. 2, Ch. 347, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 14. National Guard Youth Challenge Program › 10-1-1402. Legislative intent

10-1-1402. Legislative intent.
It is the intent of the legislature that:
(1) the youth challenge program assist youth between 16 and 18 years of age to achieve a quality education and develop the skills and abilities necessary to become productive citizens;
(2) the youth challenge program focus on the physical, emotional, and educational needs of youth within a voluntary, highly structured environment;
(3) eligible participants be drug-free, not be on conditional release or probation for other than juvenile-status offenses, not have been indicted for or charged with an offense other than a juvenile-status offense, and not have been convicted of a felony or capital offense;
(4) recruiting for the youth challenge program treat all eligible youth equitably and seek representation from different genders, ethnic groups, and geographic locations;
(5) the youth challenge program conduct structured training consisting of a residential phase and a postresidential phase with curriculum that focuses on academic excellence, including the successful completion of the tests for a high school equivalency diploma, on the opportunity to pursue a high school diploma from the student's resident district based on the student's proficiency and at the discretion of the resident district trustees, and on physical fitness, job skills, service to the community, health and hygiene, responsible citizenship, leadership, how to follow directions, and life-coping skills; and
(6) the youth challenge program be conducted in cooperation with other community programs for at-risk youth.
History: En. Sec. 3, Ch. 347, L. 2007; amd. Sec. 6, Ch. 55, L. 2015; amd. Sec. 1, Ch. 233, L. 2019; amd. Sec. 2, Ch. 344, L. 2019.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 14. National Guard Youth Challenge Program › 10-1-1403. Administration and staff

10-1-1403. Administration and staff.
Subject to 32 U.S.C. 509 and its implementing regulations and applicable agreements, the youth challenge program may be staffed by an administrator and the professional, technical, secretarial, and clerical employees necessary for the performance of the youth challenge program's functions.
History: En. Sec. 4, Ch. 347, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 15. Military Area Compatibility Act › 10-1-1502. Legislative findings -- purpose

10-1-1502. Legislative findings -- purpose.
The legislature finds and declares that:
(1) the ability of the United States military to train and operate effectively in Montana is crucial to the nation's defense;
(2) increasing development pressures in and around existing military facilities and training areas represent a potential threat to the continued viability of military missions in Montana;
(3) local governments should be empowered to implement land use policies designed to protect existing military missions from encroachment and encourage expansion of military missions in Montana; and
(4) it is the purpose of this part to promote public health, safety, and general welfare by the delineation of military affected areas and by granting local governments the ability to develop regulations to ensure that surrounding land uses are compatible with uses in military affected areas.
History: En. Sec. 2, Ch. 354, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 15. Military Area Compatibility Act › 10-1-1503. Military affected areas -- definitions

10-1-1503. Military affected areas -- definitions.
For the purposes of this part, the following definitions apply:
(1) "Airport" has the meaning provided in 67-1-101.
(2) "Governing body" has the meaning provided in 67-7-103.
(3) (a) "Military affected area" means land used for military purposes or in close proximity to military facilities that is directly affected or that will be directly affected by military uses.
(b) The term does not mean an area over which military aircraft operate when no other components of military facilities or military uses exist.
(4) "Military facilities" and "military uses" include but are not limited to military airports, military installations, intercontinental ballistic missile alert facilities or launch control centers, missile locations, access roads to missiles or missile-related facilities, and sites formerly used for military training that may be contaminated with hazardous wastes or explosive ordnance.
(5) "YDNL" has the meaning provided in 67-1-101.
History: En. Sec. 3, Ch. 354, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 15. Military Area Compatibility Act › 10-1-1504. Designation of military affected areas -- public hearing required -- joint regulation board authorized

10-1-1504. Designation of military affected areas -- public hearing required -- joint regulation board authorized.
(1) A governing body of a political subdivision within which military operations occur may, in consultation with the appropriate military authority, designate a military affected area and may adopt, administer, and enforce military affected area regulations.
(2) The designation of a military affected area must be accompanied by maps and legal descriptions of the military affected area.
(3) (a) Before a governing body designates a military affected area and adopts or amends regulations governing the military affected area, the governing body shall hold at least one public hearing.
(b) The notice of the public hearing must be published as provided in 7-1-2121 if the governing body is a county commission or the commissioners of a regional airport authority and as provided in 7-1-4127 if the governing body is a city commission, a town council, or the commissioners of a municipal airport authority.
(4) If a military affected area encompasses land within the boundaries of more than one political subdivision, the governing bodies of the political subdivisions may by ordinance or resolution create a joint military affected area regulation board. The joint board must have two members appointed by the governing body of each political subdivision participating in its creation, and a presiding officer must be elected by a majority of the members appointed. The joint board shall consider the zoning regulations and ordinances of each affected political subdivision in developing its recommendations, but the board's recommendations are not binding on the governing bodies of any of the affected political subdivisions.
(5) A governing body may not designate land that is more than 1,200 feet from a launch control center or missile location as part of a military affected area.
History: En. Sec. 4, Ch. 354, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 15. Military Area Compatibility Act › 10-1-1505. Military affected area regulations -- contents

10-1-1505. Military affected area regulations -- contents.
(1) Regulations adopted for the military affected area must be reasonable, be designed to promote the public health, safety, and general welfare, and protect and facilitate the military missions executed within the military affected area. At a minimum, these regulations must give consideration to:
(a) the safety of persons physically present in a military affected area and the persons and property in the vicinity of the area;
(b) the character of the military operations conducted or expected to be conducted within the area;
(c) the nature of the terrain;
(d) the future development of the military affected area;
(e) United States department of defense recommendations for the safety zones, noise contours, and flight path restrictions for the appropriate type of military operation and the compatibility of surrounding land uses with the recommendations; and
(f) existing and potential future uses of the land proposed to be included in a military affected area.
(2) Military affected area regulations must be limited to addressing current and known future military uses and may be adopted only to:
(a) limit electromagnetic emissions that may interfere with military operations;
(b) describe the military affected area by referencing maps other than those required under 10-1-1504(2) and describing existing hazards and natural terrain that intrude into the military affected area;
(c) designate and describe zones within the military affected area, along with the height limitations for structures and trees within each zone, considering local conditions and needs;
(d) show the contours for decibel levels of 65 YDNL or greater on the maps that designate a military affected area if a study has been conducted pursuant to United States department of defense regulations and require that information to be considered before any building may occur within the military affected area;
(e) specify the permitted and conditional land uses within each zone of the military affected area by addressing:
(i) residences, schools, hospitals, day-care centers, or other concentrations of people, indoors or outdoors, that are incompatible with activities within the military affected area;
(ii) land uses that are incompatible with the decibel levels described in subsection (2)(d); and
(iii) other land uses that are incompatible with United States department of defense recommendations regarding compatible use of land within a military affected area.
History: En. Sec. 5, Ch. 354, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 15. Military Area Compatibility Act › 10-1-1506. Regulations relative to zoning ordinances

10-1-1506. Regulations relative to zoning ordinances.
(1) Subject to subsection (3), if a governing body has adopted a zoning ordinance or resolution, any regulations adopted under this part may be made a part of the zoning ordinance or resolution and may be administered and enforced in connection with it.
(2) If a political subdivision has a planning board, zoning commission, or joint military affected area board, a governing body may request the assistance of those boards or commissions in designating a military affected area or adopting, amending, or repealing military affected area regulations.
(3) When a conflict exists between the regulations adopted pursuant to this part and any zoning ordinances or resolutions applicable to the same area that the regulations are intended to govern, the more stringent limitation or requirement prevails.
History: En. Sec. 6, Ch. 354, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 15. Military Area Compatibility Act › 10-1-1511. Prior nonconforming uses

10-1-1511. Prior nonconforming uses.
(1) All regulations adopted under this part must be reasonable and may not require the removal or alteration of any structure or require cessation or alteration of a use that is lawfully in existence when the regulations become effective. Those structures or uses must be treated as prior nonconforming structures or uses that may remain or continue.
(2) A nonconforming structure or use that is destroyed or substantially damaged by fire, flood, or other natural disaster may not be restored as a nonconforming structure or use unless a variance is issued by the appeals board provided for in 10-1-1514 or unless the restoration occurs within 24 months of the damage having occurred and the resulting structure or use occupies the same physical footprint and is used for the same purpose as the original nonconforming structure or use. A nonconforming structure or use is considered to be substantially damaged when 80% or more of a structure is damaged or destroyed.
(3) The regulations may require the owner of structures to permit the political subdivision, at its expense, to install, operate, and maintain the lights and markers necessary to warn pilots of the presence of a hazard in the vicinity of the military affected area.
History: En. Sec. 7, Ch. 354, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 15. Military Area Compatibility Act › 10-1-1512. Permit system

10-1-1512. Permit system.
(1) The regulations adopted pursuant to this part must provide for a permit system for erecting new structures, changing uses of land or structures, and substantially altering or replacing existing structures within the military affected area.
(2) A permit may not be granted that would allow the establishment of an incompatible use or that would allow a nonconforming use or structure to become a greater hazard or cause greater incompatibility with the military affected area.
History: En. Sec. 8, Ch. 354, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 15. Military Area Compatibility Act › 10-1-1513. Enforcement

10-1-1513. Enforcement.
The governing body or its designated agent or agency is responsible for enforcing the regulations adopted pursuant to this part. The regulations must provide for an enforcement officer and an appeal process from the decision of the enforcement officer, who may be an existing employee of the local government.
History: En. Sec. 9, Ch. 354, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 15. Military Area Compatibility Act › 10-1-1514. Appeals

10-1-1514. Appeals.
(1) The governing body that designated the military affected area shall act as a military affected area appeals board or appoint a military affected area appeals board that functions in the same manner as a board of adjustment provided for in Title 76, chapter 2. If the governing body appoints a military affected area appeals board, the board must have at least three members.
(2) The provisions of 76-2-223 and 76-2-225 through 76-2-228 apply to the governing body of a county or a military affected area appeals board appointed by that governing body and the provisions of 76-2-323 and 76-2-325 through 76-2-328 apply to the governing body of a municipality or a military affected area appeals board appointed by that governing body when considering grievances relating to regulations, variances, or permits.
(3) If a governing body has appointed a board of adjustment under the provisions of 76-2-221 through 76-2-228 or 76-2-321 through 76-2-328, the governing body may designate the members of that board as the military affected area appeals board, in which case the terms of the members for the purposes of this part are concurrent with their terms as members of the board of adjustment.
History: En. Sec. 10, Ch. 354, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 15. Military Area Compatibility Act › 10-1-1515. Variance

10-1-1515. Variance.
(1) A person intending to erect or increase the height of a structure or use property in a manner that is not in accordance with the requirements of the regulations adopted pursuant to this part may apply to the governing body or an enforcement officer appointed for this purpose by the governing body for a variance from the regulations.
(2) If an enforcement officer has been appointed by the governing body, the decision of the officer is final unless it is appealed to either the governing body or the military affected area appeals board, if one exists.
(3) A variance must be granted when a literal application or enforcement of the regulations would result in substantial practical difficulty or unnecessary hardship and when the variance would not be contrary to military missions.
(4) A variance must be granted for a nonconforming use when there is no immediate hazard to safe flying operations or to persons and property in the vicinity of the military affected area and when the noise or vibrations from normal and anticipated normal military operations would not be likely to cause damage to structures.
(5) A variance granted under this section may require the owner of a structure to allow the political subdivision, at the owner's expense, to install, operate, and maintain the lights and markers necessary to warn pilots of the presence of a military affected area hazard.
(6) A person who builds a structure pursuant to a variance from the military affected area regulations or who takes or buys property in a military affected area for which a variance has been granted is considered to be aware that the military affected area existed before the variance was granted and that normal and anticipated normal military operations may result in noise, vibrations, and fumes being projected over the property. A person using a structure built pursuant to a variance may not seek damages from a governing body, a local government, or the federal government for interference with the enjoyment of that structure caused by noise, vibrations, and fumes from normal and anticipated normal military operations.
History: En. Sec. 11, Ch. 354, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 15. Military Area Compatibility Act › 10-1-1516. Penalty

10-1-1516. Penalty.
A person who violates the provisions of this part or the regulations adopted under 10-1-1505 is subject to a civil penalty and a criminal penalty. The civil penalty is a fine of $100 for each day that the violation is not remedied after the governing body has given notification of the violation and held a hearing on the violation. The criminal penalty is a fine of $500 pursuant to 45-2-104.
History: En. Sec. 12, Ch. 354, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 1. Militia › Part 15. Military Area Compatibility Act › 10-1-1517. Injunction

10-1-1517. Injunction.
A local governing body may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this part or the regulations adopted pursuant to this part.
History: En. Sec. 13, Ch. 354, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 1. Board of Veterans' Affairs › 10-2-101. Definitions

10-2-101. Definitions.
Unless the context requires otherwise, in this chapter the following definitions apply:
(1) "Board" means the board of veterans' affairs provided for in 2-15-1205.
(2) "Veteran" means an honorably discharged individual who served on active duty, other than for training, with the United States armed forces, including an individual who served with the United States coast guard. The term includes individuals who served with the first special service force and the American merchant marine in oceangoing service during the period of armed conflict, December 7, 1941, to August 15, 1945.
History: En. Sec. 36, Ch. 121, L. 1974; R.C.M. 1947, 71-2201; amd. Sec. 3, Ch. 271, L. 1983; amd. Sec. 1, Ch. 609, L. 1989; amd. Sec. 1, Ch. 70, L. 1991.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 1. Board of Veterans' Affairs › 10-2-103. Seal -- acknowledgments -- officers

10-2-103. Seal -- acknowledgments -- officers.
(1) The board may provide for a seal.
(2) The members and employees of the board may take acknowledgments and depositions and administer oaths and affirmations in any matters connected with the affairs of the board or with the official duties of the members or employees of the board.
(3) The board shall select from its membership a presiding officer, a vice presiding officer, and a secretary.
History: En. Sec. 5, Ch. 111, L. 1945; Sec. 77-1005, R.C.M. 1947; amd. and redes. by Sec. 38, Ch. 121, L. 1974; R.C.M. 1947, 71-2203; amd. Sec. 12, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 1. Board of Veterans' Affairs › 10-2-104. Aid by state, county, and municipal officers

10-2-104. Aid by state, county, and municipal officers.
All state, county, and municipal officers shall render such aid to the board as shall be within their power and consistent with the duties of their respective offices.
History: En. Sec. 6, Ch. 111, L. 1945; Sec. 77-1006, R.C.M. 1947; amd. and redes. by Sec. 39, Ch. 121, L. 1974; R.C.M. 1947, 71-2204.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 1. Board of Veterans' Affairs › 10-2-105. Extra compensation for service forbidden

10-2-105. Extra compensation for service forbidden.
A member or employee of the board may not accept, receive, or charge any money or thing of value for the performance of any service rendered to any veteran or the veteran's dependents, at any time or in any manner, other than the compensation allowed by law. A person who violates this section is guilty of a misdemeanor.
History: En. Sec. 7, Ch. 111, L. 1945; Sec. 77-1007, R.C.M. 1947; amd. and redes. by Sec. 40, Ch. 121, L. 1974; R.C.M. 1947, 71-2205; amd. Sec. 13, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 1. Board of Veterans' Affairs › 10-2-106. Acceptance of federal funds or other funds

10-2-106. Acceptance of federal funds or other funds.
(1) The board may accept from the federal government or any of its agencies any funds made available to carry out the activities and purposes of the board as identified in 10-2-102. Federal funds must be deposited in the veterans' services federal account established in 10-2-112(4).
(2) The board may accept gifts, grants, or donations from other public or private sources, which must be used within the scope of activities and purposes identified in 10-2-102 or as otherwise authorized by the board.
(3) Gifts, grants, or donations must be deposited in the veterans' services account established in 10-2-112(1) unless specifically assigned by the donor to the special revenue account for state veterans' cemeteries established in 10-2-603.
History: En. Sec. 1, Ch. 256, L. 1947; Sec. 77-1009, R.C.M. 1947; amd. and redes. by Sec. 41, Ch. 121, L. 1974; R.C.M. 1947, 71-2206; amd. Sec. 7, Ch. 491, L. 2003.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 1. Board of Veterans' Affairs › 10-2-107. Contracts for federal reimbursement funds

10-2-107. Contracts for federal reimbursement funds.
The governor of this state and the presiding officer and secretary of the board may sign contracts with the federal government or any agency of the federal government for the reimbursement of the board for any work that the board may do for which any federal statute provides reimbursement to the states.
History: En. Sec. 2, Ch. 256, L. 1947; Sec. 77-1010, R.C.M. 1947; amd. and redes. by Sec. 42, Ch. 121, L. 1974; R.C.M. 1947, 71-2207; amd. Sec. 14, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 1. Board of Veterans' Affairs › 10-2-108. Veterans and surviving spouses state special revenue account

10-2-108. Veterans and surviving spouses state special revenue account.
(1) There is a veterans and surviving spouses account in the state special revenue fund to be administered by the veterans' affairs division of the department of military affairs. The account consists of revenue deposited pursuant to 16-12-111 and 16-11-119.
(2) The account must be used to provide services and assistance for all Montana veterans and surviving spouses and dependents.
History: En. Sec. 93, Ch. 576, L. 2021; amd. Sec. 1, Ch. 738, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 1. Board of Veterans' Affairs › 10-2-112. Veterans' services special revenue account -- sources of funds -- designated uses

10-2-112. Veterans' services special revenue account -- sources of funds -- designated uses.
(1) There is a veterans' services account in the state special revenue fund, established pursuant to 17-2-102(1)(b), to the credit of the board.
(2) Money transferred pursuant to 15-1-122(2)(d) from license plate sales as described in 10-2-114 and from gifts, grants, or donations must be deposited in the veterans' services account.
(3) Legislative appropriations of money in the veterans' services account must be used for the purposes identified in 10-2-102 or other functions authorized by the board.
(4) There is a veterans' services federal account in the federal special revenue fund established for federal funds received under 10-2-106.
History: En. Sec. 3, Ch. 491, L. 2003; amd. Sec. 1, Ch. 542, L. 2005; amd. Sec. 3, Ch. 486, L. 2009; amd. Sec. 2, Ch. 347, L. 2015; amd. Sec. 1, Ch. 343, L. 2019.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 1. Board of Veterans' Affairs › 10-2-113. Rulemaking authority

10-2-113. Rulemaking authority.
The board shall adopt rules in accordance with the Montana Administrative Procedure Act provided for in Title 2, chapter 4, to implement the provisions of this part.
History: En. Sec. 4, Ch. 491, L. 2003.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 1. Board of Veterans' Affairs › 10-2-114. Patriotic license plates -- surcharge -- disposition

10-2-114. Patriotic license plates -- surcharge -- disposition.
(1) Subject to 61-3-472 through 61-3-481 and this section, the board may sponsor a generic specialty license plate designed as a patriotic salute to Montana's military veterans.
(2) A Montana resident may purchase patriotic plates for a $15 surcharge to be paid for each original set of plates and each renewal. The surcharge is in addition to the one-time administrative fee charged pursuant to 61-3-480(1).
(3) The surcharge collected pursuant to this section must be remitted as provided in 61-3-480 and deposited to the veterans' services account established in 10-2-112(1).
History: En. Sec. 5, Ch. 491, L. 2003.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 1. Board of Veterans' Affairs › 10-2-115. County and multicounty veterans' service offices

10-2-115. County and multicounty veterans' service offices.
(1) A county may provide for a county veterans' service office to assist veterans and their families in filing benefit claims.
(2) The governing body of two or more counties may enter into a memorandum of understanding to establish a multicounty veterans' service office that operates under the same guidelines as a single-county office.
(3) Veterans' service officers assigned to county veterans' service offices must be trained, accredited, and supervised in accordance with applicable provisions of 38 CFR 14.629.
(4) A county may fund its veterans' service office as provided for in 15-10-425 or through other means provided by law.
History: En. Sec. 6, Ch. 491, L. 2003; amd. Sec. 1, Ch. 462, L. 2019.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 1. Board of Veterans' Affairs › 10-2-116. Terminated

10-2-116. Terminated.
Sec. 6, Ch. 462, L. 2019; Sec. 4, Ch. 474, L. 2021.
History: En. Sec. 2, Ch. 462, L. 2019; amd. Sec. 1, Ch. 474, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 1. Board of Veterans' Affairs › 10-2-118. State scholarship for eligible armed forces medal recipients -- special revenue account

10-2-118. State scholarship for eligible armed forces medal recipients -- special revenue account.
(1) There is a state scholarship program for eligible recipients of a purple heart or a higher medal for combat-related service in the armed forces.
(2) The board shall administer the program pursuant to this section.
(3) A person is eligible for the scholarship provided for in subsection (4) if the person:
(a) is a recipient of the purple heart or a higher medal for combat-related service in the armed forces as verified by an authentic department of defense form 214 (DD 214) or other authentic military discharge form listing awards;
(b) did not receive a dishonorable or other than honorable discharge;
(c) is a resident of Montana; and
(d) has been enrolled for a full academic year as a full-time or part-time student at an accredited public university, public vocational or technical school, or tribal college located in Montana either prior to or after military service, has maintained a grade point average of at least 2.5 on a 4.0 grade point scale, and has reenrolled to continue the student's higher education at the educational institution.
(4) (a) Except as provided in subsection (4)(b), each student who meets the criteria set forth in subsection (3) is eligible to receive a $1,000 scholarship as provided in subsection (5).
(b) An eligible student who does not have any out-of-pocket costs for tuition because the student is a recipient of U.S. department of veterans affairs education benefits is not eligible for a scholarship under this section.
(5) (a) The educational institution in which the eligible student is enrolled shall verify the student's eligibility and apply to the board, on a form prescribed by the board, for the scholarship. Except as provided in subsection (6), upon receipt of the scholarship application, the board shall pay the scholarship money to the educational institution.
(b) The educational institution shall provide the scholarship money to the eligible student in the form of a voucher that the eligible student may apply toward the cost of tuition, books, transportation, or housing.
(6) The scholarship may be paid only to the extent that funding is available. Scholarship awards must be paid in the order that the applications are received by the board. An eligible recipient may receive one scholarship a year for each year the recipient meets the criteria established in subsection (3).
(7) There is a special revenue account to the credit of the department of military affairs for the purposes of this section. Money in the account may be used only to administer the scholarship program and to pay scholarships to eligible recipients under this section.
History: En. Sec. 1, Ch. 372, L. 2013; amd. Sec. 1, Ch. 173, L. 2019.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-201. Repealed

10-2-201. Repealed.
Sec. 14, Ch. 1, Sp. L. 1983.
History: En. Sec. 1, Ch. 211, L. 1921; re-en. Sec. 5653, R.C.M. 1921; amd. Sec. 1, Ch. 133, L. 1927; re-en. Sec. 5653, R.C.M. 1935; amd. Sec. 1, Ch. 66, L. 1937; amd. Sec. 1, Ch. 160, L. 1943; amd. Sec. 1, Ch. 223, L. 1947; amd. Sec. 1, Ch. 26, L. 1949; amd. Sec. 1, Ch. 120, L. 1955; amd. Sec. 1, Ch. 193, L. 1969; amd. Sec. 38, Ch. 535, L. 1975; amd. Sec. 4, Ch. 49, L. 1977; R.C.M. 1947, 77-501(1).
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-202. Repealed

10-2-202. Repealed.
Sec. 14, Ch. 1, Sp. L. 1983.
History: En. Sec. 1, Ch. 211, L. 1921; re-en. Sec. 5653, R.C.M. 1921; amd. Sec. 1, Ch. 133, L. 1927; re-en. Sec. 5653, R.C.M. 1935; amd. Sec. 1, Ch. 66, L. 1937; amd. Sec. 1, Ch. 160, L. 1943; amd. Sec. 1, Ch. 223, L. 1947; amd. Sec. 1, Ch. 26, L. 1949; amd. Sec. 1, Ch. 120, L. 1955; amd. Sec. 1, Ch. 193, L. 1969; amd. Sec. 38, Ch. 535, L. 1975; amd. Sec. 4, Ch. 49, L. 1977; R.C.M. 1947, 77-501(2); amd. Sec. 1, Ch. 142, L. 1979; amd. Sec. 1, Ch. 5, L. 1981.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-203. Repealed

10-2-203. Repealed.
Sec. 14, Ch. 1, Sp. L. 1983.
History: En. Sec. 1, Ch. 211, L. 1921; re-en. Sec. 5653, R.C.M. 1921; amd. Sec. 1, Ch. 133, L. 1927; re-en. Sec. 5653, R.C.M. 1935; amd. Sec. 1, Ch. 66, L. 1937; amd. Sec. 1, Ch. 160, L. 1943; amd. Sec. 1, Ch. 223, L. 1947; amd. Sec. 1, Ch. 26, L. 1949; amd. Sec. 1, Ch. 120, L. 1955; amd. Sec. 1, Ch. 193, L. 1969; amd. Sec. 38, Ch. 535, L. 1975; amd. Sec. 4, Ch. 49, L. 1977; R.C.M. 1947, 77-501(3).
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-204. Repealed

10-2-204. Repealed.
Sec. 14, Ch. 1, Sp. L. 1983.
History: En. Sec. 1, Ch. 211, L. 1921; re-en. Sec. 5653, R.C.M. 1921; amd. Sec. 1, Ch. 133, L. 1927; re-en. Sec. 5653, R.C.M. 1935; amd. Sec. 1, Ch. 66, L. 1937; amd. Sec. 1, Ch. 160, L. 1943; amd. Sec. 1, Ch. 223, L. 1947; amd. Sec. 1, Ch. 26, L. 1949; amd. Sec. 1, Ch. 120, L. 1955; amd. Sec. 1, Ch. 193, L. 1969; amd. Sec. 38, Ch. 535, L. 1975; amd. Sec. 4, Ch. 49, L. 1977; R.C.M. 1947, 77-501(4).
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-205. Repealed

10-2-205. Repealed.
Sec. 14, Ch. 1, Sp. L. 1983.
History: En. Sec. 1, Ch. 211, L. 1921; re-en. Sec. 5653, R.C.M. 1921; amd. Sec. 1, Ch. 133, L. 1927; re-en. Sec. 5653, R.C.M. 1935; amd. Sec. 1, Ch. 66, L. 1937; amd. Sec. 1, Ch. 160, L. 1943; amd. Sec. 1, Ch. 223, L. 1947; amd. Sec. 1, Ch. 26, L. 1949; amd. Sec. 1, Ch. 120, L. 1955; amd. Sec. 1, Ch. 193, L. 1969; amd. Sec. 38, Ch. 535, L. 1975; amd. Sec. 4, Ch. 49, L. 1977; R.C.M. 1947, 77-501(5).
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-206. Repealed

10-2-206. Repealed.
Sec. 14, Ch. 1, Sp. L. 1983.
History: En. Sec. 1, Ch. 211, L. 1921; re-en. Sec. 5653, R.C.M. 1921; amd. Sec. 1, Ch. 133, L. 1927; re-en. Sec. 5653, R.C.M. 1935; amd. Sec. 1, Ch. 66, L. 1937; amd. Sec. 1, Ch. 160, L. 1943; amd. Sec. 1, Ch. 223, L. 1947; amd. Sec. 1, Ch. 26, L. 1949; amd. Sec. 1, Ch. 120, L. 1955; amd. Sec. 1, Ch. 193, L. 1969; amd. Sec. 38, Ch. 535, L. 1975; amd. Sec. 4, Ch. 49, L. 1977; R.C.M. 1947, 77-501(6).
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-211. Repealed

10-2-211. Repealed.
Sec. 27, Ch. 381, L. 2005.
History: En. Sec. 1, Ch. 150, L. 1941; amd. Sec. 1, Ch. 209, L. 1951; R.C.M. 1947, 77-601; amd. Sec. 2, Ch. 142, L. 1979.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-212. Repealed

10-2-212. Repealed.
Sec. 27, Ch. 381, L. 2005.
History: En. Sec. 2, Ch. 150, L. 1941; R.C.M. 1947, 77-602.