reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-213. Repealed

10-2-213. Repealed.
Sec. 27, Ch. 381, L. 2005.
History: En. Sec. 3, Ch. 150, L. 1941; R.C.M. 1947, 77-603; amd. Sec. 3, 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 Reemployment on Completion of Service (Repealed) › 10-2-214. Repealed

10-2-214. Repealed.
Sec. 27, Ch. 381, L. 2005.
History: En. Sec. 4, Ch. 150, L. 1941; amd. Sec. 5, Ch. 49, L. 1977; R.C.M. 1947, 77-604.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-221. Repealed

10-2-221. Repealed.
Sec. 27, Ch. 381, L. 2005.
History: En. Sec. 1, Ch. 47, L. 1941; R.C.M. 1947, 77-701; amd. Sec. 4, 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 Reemployment on Completion of Service (Repealed) › 10-2-222. Repealed

10-2-222. Repealed.
Sec. 27, Ch. 381, L. 2005.
History: En. Sec. 2, Ch. 47, L. 1941; R.C.M. 1947, 77-702.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-223. Repealed

10-2-223. Repealed.
Sec. 27, Ch. 381, L. 2005.
History: En. Sec. 3, Ch. 47, L. 1941; R.C.M. 1947, 77-703.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-224. Repealed

10-2-224. Repealed.
Sec. 27, Ch. 381, L. 2005.
History: En. Sec. 5, Ch. 47, L. 1941; R.C.M. 1947, 77-705.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-225. Repealed

10-2-225. Repealed.
Sec. 27, Ch. 381, L. 2005.
History: En. Sec. 4, Ch. 47, L. 1941; R.C.M. 1947, 77-704.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-226. Repealed

10-2-226. Repealed.
Sec. 27, Ch. 381, L. 2005.
History: En. Sec. 6, Ch. 47, L. 1941; R.C.M. 1947, 77-706.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-227. Repealed

10-2-227. Repealed.
Sec. 27, Ch. 381, L. 2005.
History: En. Sec. 7, Ch. 47, L. 1941; amd. Sec. 6, Ch. 49, L. 1977; R.C.M. 1947, 77-707.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 2. Reemployment on Completion of Service (Repealed) › 10-2-228. Repealed

10-2-228. Repealed.
Sec. 27, Ch. 381, L. 2005.
History: En. Sec. 8, Ch. 47, L. 1941; R.C.M. 1947, 77-708.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 3. Veterans' Benefits (Renumbered and Repealed) › 10-2-311. Repealed

10-2-311. Repealed.
Sec. 3, Ch. 170, L. 1989.
History: En. Sec. 1, Ch. 194, L. 1943; amd. Sec. 1, Ch. 44, L. 1945; Sec. 77-901, R.C.M. 1947; amd. and redes. 75-8611 by Sec. 4, Ch. 94, L. 1974; R.C.M. 1947, 75-8611.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 3. Veterans' Benefits (Renumbered and Repealed) › 10-2-312. Repealed

10-2-312. Repealed.
Sec. 3, Ch. 170, L. 1989.
History: En. Sec. 1, Ch. 141, L. 1957; amd. Sec. 1, Ch. 150, L. 1965; amd. Sec. 1, Ch. 225, L. 1969; amd. Sec. 1, Ch. 64, L. 1974; Sec. 77-909, R.C.M. 1947; amd. and redes. 75-8612 by Sec. 5, Ch. 94, L. 1974; amd. Sec. 3, Ch. 49, L. 1977; R.C.M. 1947, 75-8612; amd. Sec. 5, Ch. 142, L. 1979.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 3. Veterans' Benefits (Renumbered and Repealed) › 10-2-313. Repealed

10-2-313. Repealed.
Sec. 3, Ch. 170, L. 1989.
History: En. Sec. 2, Ch. 141, L. 1957; Sec. 77-910, R.C.M. 1947; amd. and redes. 75-8613 by Sec. 6, Ch. 94, L. 1974; R.C.M. 1947, 75-8613.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 3. Veterans' Benefits (Renumbered and Repealed) › 10-2-314. Repealed

10-2-314. Repealed.
Sec. 3, Ch. 170, L. 1989.
History: En. Sec. 3, Ch. 141, L. 1957; Sec. 77-911, R.C.M. 1947; amd. and redes. 75-8614 by Sec. 7, Ch. 94, L. 1974; R.C.M. 1947, 75-8614.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 4. Montana Veterans' Homes › 10-2-401. Location and function of homes -- persons admitted

10-2-401. Location and function of homes -- persons admitted.
The institutions at Columbia Falls, in eastern Montana, and in southwestern Montana are the Montana veterans' homes, and their primary function is to provide a home and subsistence for veterans. The department of public health and human services may also admit spouses or surviving spouses of veterans to the homes if space allows.
History: En. Sec. 20, Ch. 199, L. 1965; amd. Sec. 40, Ch. 535, L. 1975; R.C.M. 1947, 80-1801; amd. Sec. 2, Ch. 609, L. 1989; amd. Sec. 11, Ch. 683, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 36, Ch. 546, L. 1995; amd. Sec. 3, Ch. 461, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 4. Montana Veterans' Homes › 10-2-402. Superintendent to be given veterans' preference

10-2-402. Superintendent to be given veterans' preference.
In the selection of the superintendent of each of the Montana veterans' homes, the department of public health and human services shall apply the preference granted to veterans and disabled veterans under 39-29-102, but not the preference granted to other persons under 39-29-102 or Title 39, chapter 30.
History: En. Sec. 21, Ch. 199, L. 1965; R.C.M. 1947, 80-1802; amd. Sec. 1, Ch. 119, L. 1981; amd. Sec. 11, Ch. 1, Sp. L. 1983; amd. Sec. 7, Ch. 646, L. 1989; amd. Sec. 12, Ch. 683, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 37, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 4. Montana Veterans' Homes › 10-2-403. Eligibility for residence in home

10-2-403. Eligibility for residence in home.
To be eligible for residence in a Montana veterans' home under rules prescribed by the department of public health and human services, a person must be a veteran or the spouse or surviving spouse of a veteran. Consideration must also be given to:
(1) the person's age;
(2) the person's physical and mental status;
(3) the person's ability or inability to locate suitable alternative accommodations;
(4) the person's term of residence in Montana;
(5) the person's gender as it relates to availability of appropriate living space;
(6) the ability of the Montana veterans' home to meet the person's needs; and
(7) other admission requirements established by the department.
History: En. Sec. 22, Ch. 199, L. 1965; amd. Sec. 41, Ch. 535, L. 1975; R.C.M. 1947, 80-1803; amd. Sec. 1, Ch. 469, L. 1983; amd. Sec. 3, Ch. 609, L. 1989; amd. Sec. 13, Ch. 683, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 38, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 4. Montana Veterans' Homes › 10-2-404. Acceptance and deposit of federal money

10-2-404. Acceptance and deposit of federal money.
The department of public health and human services may accept money from the federal government that becomes available to the state as a result of operating the Montana veterans' homes and shall deposit the money in the state treasury for the benefit of the homes. If a resident of a home is transferred to another institution, the department of public health and human services shall continue to draw from the federal government any money available for the maintenance of the former resident.
History: En. Sec. 23, Ch. 199, L. 1965; R.C.M. 1947, 80-1804; amd. Sec. 14, Ch. 683, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 39, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 4. Montana Veterans' Homes › 10-2-412. Repealed

10-2-412. Repealed.
Sec. 19, Ch. 579, L. 1993.
History: En. Sec. 2, Ch. 683, L. 1989; amd. Sec. 17, Ch. 10, L. 1993.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 4. Montana Veterans' Homes › 10-2-413. Repealed

10-2-413. Repealed.
Sec. 85, Ch. 10, L. 1993; sec. 19, Ch. 579, L. 1993.
History: En. Sec. 3, Ch. 683, L. 1989; amd. Sec. 1, Ch. 262, L. 1991.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 4. Montana Veterans' Homes › 10-2-415. Repealed

10-2-415. Repealed.
Sec. 85, Ch. 10, L. 1993.
History: En. Sec. 9, Ch. 683, L. 1989; amd. Sec. 1, Ch. 262, L. 1991.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 4. Montana Veterans' Homes › 10-2-416. Pledge to continue operation and maintenance

10-2-416. Pledge to continue operation and maintenance.
Pursuant to 38 U.S.C. 8134 and 8135(a)(6), the state shall appropriate funds either from the general fund or from funds generated under 16-11-111 to the department of public health and human services for financial support necessary to provide for continued operation and maintenance of the state homes for veterans in eastern Montana and southwestern Montana. The department of public health and human services shall contract with a private vendor to provide for the operation of the eastern Montana veterans' home and the southwestern Montana veterans' home and may charge the contract vendor a rental fee for the maintenance and upkeep of the facility.
History: En. Sec. 10, Ch. 683, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 18, Ch. 10, L. 1993; amd. Sec. 2, Ch. 579, L. 1993; amd. Sec. 40, Ch. 546, L. 1995; amd. Sec. 42, Ch. 42, L. 1997; amd. Sec. 4, Ch. 461, L. 2009; amd. Sec. 3, Ch. 393, L. 2019.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 4. Montana Veterans' Homes › 10-2-417. Use of funds generated by taxation on cigarettes

10-2-417. Use of funds generated by taxation on cigarettes.
(1) Revenue generated by 16-11-119 and allocated to the department of public health and human services for veterans' homes must be used to support the operation and maintenance of the Montana veterans' homes programs.
(2) The legislature shall appropriate from the account established in 16-11-119(2)(a) the funds required for the operation and maintenance of the Montana veterans' homes.
History: En. Sec. 2, Ch. 548, L. 1993; amd. Sec. 41, Ch. 546, L. 1995; amd. Sec. 1, I.M. No. 149, approved Nov. 2, 2004; amd. Sec. 1, Ch. 481, L. 2005; amd. Sec. 1, Ch. 77, L. 2017.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 5. Veterans' Interment › 10-2-502. Repealed

10-2-502. Repealed.
Sec. 3, Ch. 210, L. 1999.
History: En. Sec. 2, Ch. 39, L. 1903; re-en. Sec. 2066, Rev. C. 1907; re-en. Sec. 4537, R.C.M. 1921; re-en. Sec. 4537, R.C.M. 1935; amd. Sec. 2, Ch. 310, L. 1967; R.C.M. 1947, 71-121; amd. Sec. 7, Ch. 609, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 5. Veterans' Interment › 10-2-503. Report of actions and expenses by veterans' interment supervisor

10-2-503. Report of actions and expenses by veterans' interment supervisor.
It is the duty of the person appointed as provided in 10-2-501 to cause the veteran to be interred as provided in this part, and the veterans' interment supervisor shall immediately report the action to the clerk of the board of county commissioners, setting forth all the facts, together with the veteran's name and rank, the last command to which the veteran belonged, so far as is known, the date of death, the exact place of interment, and an itemized statement of the expenses incurred by reason of the interment. The board of county commissioners may direct that additional information be kept in the book required to be kept by the clerk of the board of county commissioners by 10-2-504.
History: En. Sec. 3, Ch. 39, L. 1903; re-en. Sec. 2067, Rev. C. 1907; amd. Sec. 1, Ch. 109, L. 1911; re-en. Sec. 4538, R.C.M. 1921; re-en. Sec. 4538, R.C.M. 1935; amd. Sec. 3, Ch. 310, L. 1967; R.C.M. 1947, 71-122; amd. Sec. 7, Ch. 609, L. 1989; amd. Sec. 3, Ch. 70, L. 1991; amd. Sec. 2, Ch. 210, L. 1999.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 5. Veterans' Interment › 10-2-504. Duty of clerk

10-2-504. Duty of clerk.
It is the duty of the clerk of the board of county commissioners, upon receiving the report and statement of expenses, to transcribe in a book to be kept for that purpose all the facts contained in the report concerning the veteran.
History: En. Sec. 4, Ch. 39, L. 1903; re-en. Sec. 2068, Rev. C. 1907; re-en. Sec. 4539, R.C.M. 1921; re-en. Sec. 4539, R.C.M. 1935; amd. Sec. 1, Ch. 146, L. 1963; amd. Sec. 4, Ch. 310, L. 1967; R.C.M. 1947, 71-123; amd. Sec. 1, Ch. 442, L. 1979; amd. Sec. 7, Ch. 609, L. 1989; amd. Sec. 4, Ch. 70, L. 1991.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 5. Veterans' Interment › 10-2-505. Repealed

10-2-505. Repealed.
Sec. 3, Ch. 210, L. 1999.
History: En. Sec. 5, Ch. 39, L. 1903; re-en. Sec. 2069, Rev. C. 1907; re-en. Sec. 4540, R.C.M. 1921; re-en. Sec. 4540, R.C.M. 1935; R.C.M. 1947, 71-124.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 5. Veterans' Interment › 10-2-506. Not to apply to nonresidents

10-2-506. Not to apply to nonresidents.
This part shall not apply to veterans who, at the time of their death, shall not have a legal residence within this state.
History: En. Sec. 6, Ch. 39, L. 1903; re-en. Sec. 2070, Rev. C. 1907; re-en. Sec. 4541, R.C.M. 1921; amd. Sec. 1, Ch. 125, L. 1931; re-en. Sec. 4541, R.C.M. 1935; amd. Sec. 5, Ch. 310, L. 1967; R.C.M. 1947, 71-125; amd. Sec. 7, Ch. 609, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 6. State Veterans' Cemeteries › 10-2-601. State veterans' cemeteries

10-2-601. State veterans' cemeteries.
(1) The board shall establish and operate state veterans' cemeteries, except as provided in subsection (4).
(2) A cemetery is located at Fort William Henry Harrison in Lewis and Clark County, at Missoula, and at Miles City. A cemetery may be located in Yellowstone County and in Columbia Falls in Flathead County if funding allows.
(3) The board may establish additional state veterans' cemeteries only as funding allows.
(4) (a) The board may designate a veterans' cemetery established pursuant to 7-35-2205 as a state veterans' cemetery if:
(i) the legislature has authorized the cemetery pursuant to subsection (2) or (3); and
(ii) the board certifies that the cemetery is operated and maintained under the same standards and interment eligibility criteria as required for a state veterans' cemetery established by the board.
(b) A cemetery designated under this subsection (4) as a state veterans' cemetery must be recognized and identified as a state veterans' cemetery on official state maps, in other appropriate state publications and websites, and on appropriate state road signs.
History: En. Sec. 1, Ch. 734, L. 1985; amd. Sec. 7, Ch. 109, L. 1997; amd. Sec. 14, Ch. 51, L. 1999; amd. Secs. 3, 7, Ch. 451, L. 2003; amd. Sec. 8, Ch. 491, L. 2003; amd. Sec. 1, Ch. 600, L. 2005; amd. Sec. 1, Ch. 370, L. 2007; amd. Sec. 1, Ch. 125, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 6. State Veterans' Cemeteries › 10-2-602. Rulemaking authority

10-2-602. Rulemaking authority.
The board shall adopt rules to administer the state veterans' cemetery program and to provide criteria for determining who may be buried in a state veterans' cemetery. The criteria must include but are not limited to discharge status and length of service. The rules must be adopted in accordance with the Montana Administrative Procedure Act provided for in Title 2, chapter 4.
History: En. Sec. 2, Ch. 734, L. 1985; amd. Sec. 8, Ch. 109, L. 1997; amd. Sec. 9, Ch. 491, L. 2003.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 6. State Veterans' Cemeteries › 10-2-603. Special revenue account -- use of funds -- solicitation

10-2-603. Special revenue account -- use of funds -- solicitation.
(1) There is an account in the special revenue fund to the credit of the board for the state veterans' cemeteries.
(2) Plot allowances, donations to the cemetery program, and fund transfers pursuant to 15-1-122(2)(d) must be deposited into the account.
(3) The account is statutorily appropriated, as provided in 17-7-502, to the department and may be used by the board only for the construction, maintenance, operation, and administration of the state veterans' cemeteries.
(4) The board shall solicit veterans' license plate sales and donations on behalf of the state veterans' cemeteries.
History: En. Sec. 1, Ch. 159, L. 1993; amd. Sec. 9, Ch. 109, L. 1997; amd. Sec. 90, Ch. 574, L. 2001; amd. Sec. 10, Ch. 491, L. 2003; amd. Sec. 2, Ch. 600, L. 2005; amd. Sec. 4, Ch. 486, L. 2009; amd. Sec. 1, Ch. 17, L. 2013; amd. Sec. 3, Ch. 347, L. 2015; amd. Sec. 2, Ch. 343, L. 2019.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 6. State Veterans' Cemeteries › 10-2-604. Authority to exercise eminent domain for purposes of establishing veterans' cemetery

10-2-604. Authority to exercise eminent domain for purposes of establishing veterans' cemetery.
The board of veterans' affairs may take property for public use for a veterans' cemetery or place of burial of the dead. The power of eminent domain must be exercised under the provisions of Title 70, chapter 30.
History: En. Sec. 1, Ch. 451, L. 2003; amd. Sec. 7, Ch. 451, L. 2003.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 7. First Special Service Force Memorial Trust › 10-2-701. Short title

10-2-701. Short title.
This part may be cited as the "First Special Service Force Memorial Monument Permanent Trust Act".
History: En. Sec. 1, Ch. 41, L. 1995; Sec. 35-21-901, MCA 1997; redes. 10-2-701 by Sec. 99(3), Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 7. First Special Service Force Memorial Trust › 10-2-702. Procedure for appointment of corporate trustee -- term of office -- annual reporting requirement -- discharge for good cause

10-2-702. Procedure for appointment of corporate trustee -- term of office -- annual reporting requirement -- discharge for good cause.
(1) Upon receipt of the articles of dissolution or a decree of dissolution of the nonprofit corporation that has established a permanent care and improvement trust fund for the care, maintenance, and improvement of the first special service force memorial monument, located in Helena, Montana, the secretary of state shall notify the first judicial district court that the appointment of a corporate trustee is necessary.
(2) The remaining trustees of the dissolved corporation shall make an accounting of the trust fund and present it to the district court judge.
(3) The remaining trustees of the dissolved corporation may nominate a trust company authorized to do business in Montana to be the corporate trustee of the trust fund.
(4) The district court judge may accept applications for corporate trustee from interested persons.
(5) The district court judge shall order appointment of a corporate trustee after consideration of the remaining trustees' nomination and the applications of any interested persons.
(6) The term of office for a corporate trustee is 5 years unless the corporate trustee leaves the state of Montana or is permanently removed from office by the district court judge for good cause shown.
(7) The corporate trustee shall annually, by September 1, or more often upon order of the district court, file in the office of the clerk of the district court of Lewis and Clark County a verified, detailed financial statement of:
(a) the principal assets;
(b) the income derived from investments;
(c) the amount of money expended and to whom for the care, maintenance, and improvement of the monument and related costs; and
(d) the amount of the corporate trustee's compensation during the preceding year.
(8) An interested party may apply to the district court for an order requiring the corporate trustee to make an accounting at any time.
(9) Upon receipt of the financial statement required in subsection (7), the district court judge may discharge the corporate trustee for good cause and may appoint another corporate trustee.
History: En. Sec. 2, Ch. 41, L. 1995; Sec. 35-21-902, MCA 1997; redes. 10-2-702 by Sec. 99(3), Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 7. First Special Service Force Memorial Trust › 10-2-703. Principal of trust fund inviolate -- investment -- use of income -- corporate trustee compensation -- surplus

10-2-703. Principal of trust fund inviolate -- investment -- use of income -- corporate trustee compensation -- surplus.
(1) The principal of the trust fund must remain intact and inviolate.
(2) The principal of the trust fund must be invested in a manner in which public employees' retirement funds are permitted to be invested in the state of Montana as prescribed by 17-6-201. Investment is subject to the approval of the district court judge.
(3) The income received from investment of the principal must be used for the care, maintenance, and improvement of the memorial monument and for compensation of the corporate trustee.
(4) The corporate trustee of the trust fund shall receive compensation as determined by the district court judge.
(5) In the event that the income from the trust fund is not needed in its entirety for the purposes in subsection (3), the surplus must be added to the principal of the trust fund.
History: En. Sec. 3, Ch. 41, L. 1995; Sec. 35-21-903, MCA 1997; redes. 10-2-703 by Sec. 99(3), Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 8. Montana Honor and Remember Act › 10-2-802. Definitions

10-2-802. Definitions.
As used in this part, the following definitions apply:
(1) "Eligible service member" means a service member who meets the criteria established in 10-2-804(2).
(2) "Eligible veteran" means a veteran of the United States armed forces who was a citizen of Montana at any time during the veteran's military service and is authorized by the U.S. department of veterans affairs for military honors.
(3) "Family member" means the spouse of an eligible service member or a person who is a parent, child, brother, sister, or grandparent of an eligible service member by lineage, adoption, legal guardianship, or marriage.
(4) "United States armed forces" means the active and reserve components of the United States army, marine corps, navy, air force, space force, coast guard, and national guard.
History: En. Sec. 2, Ch. 106, L. 2017; amd. Sec. 1, Ch. 303, L. 2023; amd. Sec. 1, Ch. 634, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 8. Montana Honor and Remember Act › 10-2-803. Honor and remember medallion -- commemorative memorial coin

10-2-803. Honor and remember medallion -- commemorative memorial coin.
(1) There is an honor and remember medallion for family members of eligible service members.
(2) There is a commemorative memorial coin for family members of eligible veterans.
(3) To the extent that funding is available for the purposes of this part, the department shall administer the provisions of this part and provide for the design and production of the medallion and coin and for their distribution, along with the joint resolution under 10-2-806, to eligible family members.
History: En. Sec. 3, Ch. 106, L. 2017; amd. Sec. 2, Ch. 634, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 8. Montana Honor and Remember Act › 10-2-804. Family member application -- eligibility determination

10-2-804. Family member application -- eligibility determination.
(1) A family member of an eligible service member may apply for the honor and remember medallion and a family member of an eligible veteran may apply for the commemorative memorial coin using a form and in a manner prescribed by the department, including providing the documentation requested by the department.
(2) (a) An eligible service member is a member of the United States armed forces who:
(i) was killed in action or classified by the United States as missing in action on or after September 8, 1939, while:
(A) engaged in an action against an enemy of the United States;
(B) serving with friendly foreign forces engaged in an armed conflict in which the United States was not a belligerent party against an opposing armed force; or
(C) engaged in military operations involving conflict with an opposing foreign force;
(ii) was serving on federal military active duty orders; and
(iii) was a legal resident of Montana at the time and is authorized by the U.S. department of veterans affairs for military honors.
(b) An eligible veteran is a member of the United States armed forces who:
(i) served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable; and
(ii) was a legal resident of Montana at the time and is authorized by the U.S. department of veterans affairs for military honors.
(c) The department shall determine how the criteria described in subsection (2)(a) is to be defined and documented for the purposes of this part.
(3) On receipt of an application, the department shall determine whether the family member is eligible to receive the medallion or coin and notify the family member of the determination.
History: En. Sec. 4, Ch. 106, L. 2017; amd. Sec. 3, Ch. 634, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 8. Montana Honor and Remember Act › 10-2-805. First and subsequent medallions -- cost

10-2-805. First and subsequent medallions -- cost.
(1) The first medallion and the first copy of the joint resolution under 10-2-806 provided to a family member of an eligible service member or the first commemorative memorial coin provided to a family member of an eligible veteran must be provided without cost to the family member.
(2) After the first medallion or coin has been provided to a family member, additional family members of the eligible service member or the eligible veteran may, in a manner prescribed by the department, purchase additional medallions and copies of the joint resolution or coins for an amount that may not exceed the actual cost to the department for providing the additional medallions and joint resolutions or coins.
(3) A family member may receive only one medallion and resolution or coin.
(4) Payments received pursuant to this section must be deposited to the account established in 10-2-807.
History: En. Sec. 5, Ch. 106, L. 2017; amd. Sec. 4, Ch. 634, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 8. Montana Honor and Remember Act › 10-2-806. Joint resolution -- award provided

10-2-806. Joint resolution -- award provided.
(1) During a regular legislative session, the department shall notify the president of the senate of the eligible service members for which a first medallion has been requested.
(2) The president of the senate shall request and introduce a joint resolution naming each eligible service member for which a first medallion has been requested. The resolution is exempt from any bill request limits established by legislative rule.
(3) If the joint resolution passes the legislature, the department shall send a copy of the signed joint resolution naming the eligible service member to the family member who has applied for and has been determined to be eligible to receive the medallion honoring and remembering that service member.
History: En. Sec. 6, Ch. 106, L. 2017.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 8. Montana Honor and Remember Act › 10-2-807. Accounts established -- statutory appropriation

10-2-807. Accounts established -- statutory appropriation.
(1) (a) There is an account in the state special revenue fund provided for in 17-2-102 to the credit of the department for the honor and remember medallion program.
(b) Gifts, grants, and donations provided for the purposes of this part and payments received under 10-2-805 must be deposited to this account.
(c) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department and may be used only for the purposes of this part.
(2) (a) There is an account in the state special revenue fund provided for in 17-2-102 to the credit of the department for the commemorative memorial coin program.
(b) Gifts, grants, and donations provided for the purposes of this part and payments received under 10-2-805 must be deposited to this account.
(c) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department and may be used only for the purposes of this part.
History: En. Sec. 7, Ch. 106, L. 2017; amd. Sec. 5, Ch. 634, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 9. Decennial Veterans' Long-Term Care Needs Study › 10-2-901. Decennial veterans' long-term care needs study

10-2-901. Decennial veterans' long-term care needs study.
(1) On receipt of the most recent federal census, the department of public health and human services, in consultation with the Montana veterans' affairs division, shall perform an analysis of the long-term care needs of veterans in the state, known as the decennial veterans' long-term care needs study.
(2) The study must determine the demographics of the Montana veteran population, including the number and age of veterans in each county and the type of long-term care needs of the population. The long-term care assessment for veterans must include evaluation of the need for nursing home, domiciliary, and Alzheimer's disease support services, as well as the various types of community and in-home care that are needed.
(3) The study must include a personal survey of the Montana veteran population, including online and paper options. This study must be conducted in collaboration with veterans' outreach organizations and other local groups that work directly with the Montana veteran population.
(4) The study must evaluate existing veterans' home services and the configuration of those services with respect to the needs identified.
(5) The study must include an analysis of the need for additional state veterans' cemeteries, including their placement within the state.
History: En. Sec. 1, Ch. 180, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 9. Decennial Veterans' Long-Term Care Needs Study › 10-2-902. Department of public health and human services to conduct study

10-2-902. Department of public health and human services to conduct study.
The staff of the senior and long-term care division within the department of public health and human services shall conduct the study. The staff of the Montana veterans' affairs division shall provide support as needed.
History: En. Sec. 2, Ch. 180, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 9. Decennial Veterans' Long-Term Care Needs Study › 10-2-903. Survey report required

10-2-903. Survey report required.
As soon as possible after the completion of the decennial survey, the department of public health and human services and the Montana veterans' affairs division shall present a detailed report to the state administrative and veterans' affairs interim committee in accordance with 5-11-210.
History: En. Sec. 3, Ch. 180, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 13. Miscellaneous Provisions › 10-2-1301. Veteran status on driver's license and identification cards -- documentation -- rulemaking

10-2-1301. Veteran status on driver's license and identification cards -- documentation -- rulemaking.
(1) Upon receipt of documentation confirming veteran status from a person who wishes to have that status indicated on a driver's license or identification card issued by the department of justice, the department shall verify the person's status as a veteran.
(2) When the person applies for, renews, or seeks replacement of a driver's license or identification card under Title 61, the person may request that veteran status be indicated on the driver's license or identification card.
(3) The department shall, in consultation with the department of justice, make rules necessary to carry out the provisions of this section.
History: En. Sec. 1, Ch. 322, L. 2013.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 13. Miscellaneous Provisions › 10-2-1302. Montana veterans hall of fame

10-2-1302. Montana veterans hall of fame.
(1) There is established the Montana veterans hall of fame.
(2) Veterans recognized with the Montana governor's veteran commendation are members of the Montana veterans hall of fame.
(3) The governor may direct the board of veterans' affairs to assume responsibility for accepting and adjudicating nominations to the Montana veterans hall of fame. The board may adopt rules necessary to implement this section.
History: En. Sec. 1, Ch. 214, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 2. Veterans › Part 13. Miscellaneous Provisions › 10-2-1306. Release of military discharge documents -- rulemaking

10-2-1306. Release of military discharge documents -- rulemaking.
(1) Subject to subsection (2), the veterans' affairs division of the Montana department of military affairs shall release on request a military discharge document that is dated 62 years or more before the date on which the request is made and that is a public record pursuant to 5 U.S.C. 552a and implementing federal regulations.
(2) (a) A request for a military discharge document under this section must be made on a form prescribed by the board and contain enough information to make the document discoverable.
(b) If a military discharge document contains a social security number, that number must be redacted before the document is released.
(3) The board may adopt rules to administer this section.
History: En. Sec. 1, Ch. 311, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-104. General authority of governor

10-3-104. General authority of governor.
(1) The legislature finds that the governor has broad authority to proclaim a state of emergency or disaster in the state and to exercise emergency powers during the emergency. The legislature intends to allow the governor to immediately respond during a proclaimed state of emergency or disaster, including through the issuance of executive orders, proclamations, and orders necessary to carry out the purpose of this chapter, and the ability to amend or rescind them. These executive orders, proclamations, and regulations have the force of law. Subject to legislative oversight, the governor is responsible for carrying out parts 1 through 4 of this chapter.
(2) In addition to any other powers conferred upon the governor by law, the governor may:
(a) except as provided in subsections (4) and (5), suspend the provisions of a regulatory statute prescribing the procedures for conduct of state business or orders or rules of any state agency if the strict compliance with the provisions of any statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency or disaster;
(b) direct and compel the evacuation of all or part of the population from an emergency or disaster area within the state if the governor considers this action necessary for the preservation of life or other disaster mitigation, response, or recovery;
(c) except as provided in subsection (4), control ingress and egress to and from an incident or emergency or disaster area, the movement of persons within the area, and the occupancy of premises within the area.
(3) Under this section, the governor may issue executive orders, proclamations, and regulations and amend and rescind them. All executive orders or proclamations declaring or terminating a state of emergency or disaster must indicate the nature of the emergency or disaster, the area threatened, and the conditions that have brought about the declaration or that make possible termination of the state of emergency or disaster.
(4) The governor may not suspend the provisions of any statute prescribing the procedures for an election or otherwise control the ingress and egress to a polling location without the consent of the legislature through the polling process provided in 10-3-121 or through a regular or special legislative session.
(5) The governor may not suspend a statute that affects the exercise of an individual's constitutional rights under the United States constitution or the Montana constitution, including 13-19-104(3), even if the statute is otherwise considered a regulatory statute prescribing the procedures for conduct of state business.
History: En. Sec. 6, Ch. 218, L. 1951; Sec. 77-1306, R.C.M. 1947; amd. and redes. 77-2304 by Sec. 11, Ch. 94, L. 1974; amd. Sec. 6, Ch. 335, L. 1977; R.C.M. 1947, 77-2304(1) thru (3); amd. Sec. 2, Ch. 176, L. 1995; amd. Sec. 2, Ch. 357, L. 2021; amd. Sec. 10, Ch. 504, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-106. Communications

10-3-106. Communications.
(1) The division shall coordinate whatever means exist for rapid and efficient communications in time of emergency or disaster.
(2) The division shall, in cooperation with the department of administration, consider the desirability of supplementing communications resources or of integrating them into a comprehensive state or state-federal telecommunications or other communications system or network.
(3) The division shall, in cooperation with the department of administration and local political subdivisions, evaluate the possibility of multipurpose use of communications systems or networks for general state and local governmental purposes.
(4) The division shall assist political subdivisions in the orderly development of telecommunications systems complementary to the state telecommunications network.
History: En. 77-2307.4 by Sec. 12, Ch. 335, L. 1977; R.C.M. 1947, 77-2307.4; amd. Sec. 36, Ch. 313, L. 2001; amd. Sec. 25, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-107. National defense highway plans

10-3-107. National defense highway plans.
The department of military affairs shall:
(1) cooperate with the agencies of this and other states and of the federal government which are connected with national defense in the formulation and execution of plans for the rapid and safe movement over the highways of troops, vehicles of a military nature, and materials affecting the national defense;
(2) coordinate the activities of the department of transportation and the department of justice in a manner which will best serve to carry out any such plan for the rapid and safe movement of troops, vehicles, and materials;
(3) solicit the cooperation of officials of the various political subdivisions of the state in the proper execution of these plans.
History: (1)En. Sec. 2, Ch. 82, L. 1941; amd. Sec. 3, Ch. 94, L. 1953; amd. Sec. 1, Ch. 94, L. 1974; Sec. 32-1702, R.C.M. 1947; (2)En. Sec. 3, Ch. 82, L. 1941; amd. Sec. 4, Ch. 94, L. 1953; amd. Sec. 2, Ch. 94, L. 1974; Sec. 32-1703, R.C.M. 1947; R.C.M. 1947, 32-1702, 32-1703; amd. Sec. 6, Ch. 430, L. 1983; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-110. Medical services during declared emergency or disaster -- limitation of liability -- administrative disciplinary sanctions

10-3-110. Medical services during declared emergency or disaster -- limitation of liability -- administrative disciplinary sanctions.
(1) Except as provided in subsection (3), a health care professional licensed to practice in Montana who, in good faith and regardless of compensation, renders or fails to render emergency care, health care services, or first aid during a declared emergency or disaster is not liable for any civil damages or injury unless the damages or injury was caused by gross negligence or willful and wanton misconduct and as a result of:
(a) an act or omission arising out of activities undertaken in response to the disaster or emergency;
(b) any act or omission related to the rendering of or failure to render services; or
(c) evacuation or treatment or the failure to evacuate or provide treatment conducted in accordance with disaster medicine or at the direction of military or government authorities.
(2) A licensing program, licensing board, or any other disciplinary authority in Montana may impose administrative sanctions upon a health care professional for unprofessional conduct in response to a declared public health emergency that occurs in Montana. An administrative disciplinary sanction imposed upon a health care professional who is licensed in another state must be reported to the licensing authority in the health care professional's state and each state in which the health care professional is licensed. The standard of review for administrative disciplinary sanctions must be whether the health care professional exercised good faith clinical judgment given the circumstances under which the judgment was exercised.
(3) This section does not apply to a health care provider employed by the United States, a state, or a political subdivision acting within the scope of the provider's employment or duties.
History: En. Sec. 6, Ch. 255, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-111. Personnel immune from liability

10-3-111. Personnel immune from liability.
(1) The state, a political subdivision of the state, or the agents or representatives of the state or a political subdivision of the state are not liable for personal injury or property damage sustained by a person appointed or acting as a volunteer civilian defense or other response and recovery activity worker, a volunteer professional, or a member of an agency engaged in civilian defense or other response and recovery activity during an incident, disaster, or emergency. This section does not affect the right of a person to receive benefits or compensation to which the person might otherwise be entitled under the workers' compensation law or a pension law or an act of congress.
(2) The following individuals or entities are not liable for the death or injury of individuals or for damage to property as a result of an act or omission specifically arising out of activities undertaken in response to an incident, disaster, or emergency and while complying with or reasonably attempting to comply with parts 1 through 4 and 12 of this chapter or an order or rule promulgated under the provisions of parts 1 through 4 and 12 of this chapter:
(a) the state or a political subdivision of the state;
(b) except in cases of willful misconduct, gross negligence, or bad faith:
(i) the employees, agents, or representatives of the state or a political subdivision of the state; or
(ii) a volunteer or auxiliary civilian defense or other response and recovery activity worker, a member of an agency engaged in civilian defense or other response and recovery activity, a volunteer professional, or the owners of facilities used for civil defense or other response and recovery shelters pursuant to a fallout shelter license or privilege agreement or pursuant to an ordinance relating to blackout or other precautionary measures enacted by a political subdivision of the state.
History: En. Sec. 10, Ch. 218, L. 1951; Sec. 77-1310, R.C.M. 1947; amd. and redes. 77-2308 by Sec. 15, Ch. 94, L. 1974; rep. Sec. 15, Ch. 49, L. 1977; re-en. Sec. 2, Ch. 73, L. 1977; R.C.M. 1947, 77-2308; amd. Sec. 4, Ch. 176, L. 1995; amd. Sec. 1, Ch. 520, L. 1999; amd. Sec. 5, Ch. 63, L. 2009; amd. Sec. 3, Ch. 255, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-112. Employment requirements for personnel -- political involvement of organizations prohibited

10-3-112. Employment requirements for personnel -- political involvement of organizations prohibited.
(1) A person may not be employed in any disaster and emergency services organization established under parts 1 through 4 of this chapter who advocates a change by force or violence in the constitutional form of the government of the United States or in this state or the overthrow of any government in the United States by force or violence or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in an organization for disaster and emergency services shall, before entering upon the person's duties, take an oath, in writing, before a person authorized to administer oaths in this state, that is substantially as follows:
"I ...., swear (or affirm) 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; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me, God."
(2) An organization for disaster and emergency services established under this chapter may not participate in any form of political activity, nor may it be employed directly or indirectly for political purposes.
History: (1)En. Sec. 13, Ch. 218, L. 1951; Sec. 77-1313, R.C.M. 1947; amd. and redes. 77-2311 by Sec. 18, Ch. 94, L. 1974; amd. Sec. 15, Ch. 335, L. 1977; Sec. 77-2311, R.C.M. 1947; (2)En. Sec. 12, Ch. 218, L. 1951; Sec. 77-1312, R.C.M. 1947; amd. and redes. 77-2310 by Sec. 17, Ch. 94, L. 1974; amd. Sec. 14, Ch. 335, L. 1977; Sec. 77-2310, R.C.M. 1947; R.C.M. 1947, 77-2310, 77-2311; amd. Sec. 17, Ch. 56, L. 2009.