Title 10, Title 10

(1) A state of emergency may be declared by the governor when the governor determines that an emergency as defined in 10-3-103 exists. A state of disaster may be declared by the governor when the governor determines that a disaster, as defined in 10-3-103, has occurred. The gover…

An executive order or proclamation issued under this part shall be disseminated promptly by means calculated to bring its contents to the attention of the general public. Unless the circumstances attendant upon the emergency or disaster prevent or impede it, the executive order o…

(1) During an incident and during a state of emergency or disaster, the governor is commander-in-chief of the militia and of all other forces available for incident, emergency, or disaster duty. To the greatest extent possible, the governor shall delegate or assign command author…

(1) The governor may by executive order upon request of the local governing body, its authorized agent, or a tribal government activate that part of the state disaster and emergency plan pertaining to incident response. The order may be issued for any year, for any part of a year…

(1) The governor may authorize the incurring of liabilities and expenses to be paid as other claims against the state from the general fund, in the amount necessary, when an emergency or disaster justifies the expenditure and is declared by the governor, to meet contingencies and…

(1) Whenever a disaster or an emergency, including an energy emergency as defined in 90-4-302 or an invasive species emergency declared under 80-7-1013, is declared by the governor, or a member of the army national guard or air national guard is entitled to benefits under 10-1-50…

(1) Whenever the governor has declared a state of emergency or state of disaster or the president has declared an emergency or a major disaster to exist in this state, the governor is authorized: (a) to enter into purchase, lease, or other arrangements with any agency of the Unit…

Whenever, at the request of the governor, the president has declared a major disaster to exist in this state, the governor is authorized: (1) upon the governor's determination that a political subdivision of the state or that a tribal government will suffer a substantial loss of …

(1) Whenever the governor has declared a state of emergency or state of disaster to exist under the laws of this state or the president, at the request of the governor, has declared a major disaster or emergency to exist in this state, the governor is authorized: (a) notwithstand…

(1) The division may accept hazard mitigation assistance grants whenever the federal government or an agency or officer of the federal government offers funding in the form of grants to the state. Hazard mitigation assistance grants provide funding for eligible mitigation activit…

(1) Each political subdivision eligible to receive funds under this chapter shall prepare a local or interjurisdictional disaster and emergency plan and program covering the area for which that political subdivision is responsible. This plan shall be in accordance with and in sup…

(1) A local emergency proclamation or disaster declaration may be issued only by the principal executive officer of a political subdivision. (2) An emergency proclamation may be issued by order or resolution whenever the principal executive officer determines there is an emergenc…

(1) A disaster declaration may be issued by order or resolution whenever the principal executive officer determines a disaster is occurring or has occurred. (2) A disaster declaration may be terminated when the principal executive officer determines that the disaster conditions n…

(1) An order or resolution declaring or terminating a state of emergency or disaster shall indicate the nature of the emergency or disaster, the area threatened, and the conditions which have brought about the proclamation or declaration or which make possible termination of the …

(1) The governing body of the city or town or the governing body of the county, or both, shall estimate expenditures and levy an emergency millage to cover the expenditures. The millage levied by the governing body of the city or town shall not exceed 2 mills on the municipality'…

(1) Upon the declaration of an emergency or disaster under 10-3-402 or 10-3-403 and the issuance of an order as required by 10-3-404, the principal executive officer may: (a) direct and compel the evacuation of all or part of the population from an incident or emergency or disast…

(1) The legislature recognizes that an enemy attack upon the United States is a possibility; that such an attack might be of unprecedented size and destructiveness; that a considerable period of time may elapse after an enemy attack before federal operational control over the man…

Unless the context requires otherwise, in this part the following definitions apply: (1) "Emergency resources management plan" means that plan prepared by the department of military affairs, approved by the federal office of emergency planning, and adopted by the governor, which …

(1) The governor has general direction and control of the emergency resources management within this state and all officers, boards, agencies, individuals, or groups established under the emergency resources management plan. (2) In performing duties under this part, the governor …

The emergency resources management plan must provide an emergency organization and emergency administrative policies and procedures for the conservation, allocation, distribution, and use of essential resources available to the state following a civil defense emergency such as an…

(1) Following an attack, if the governor finds that action is necessary to deal with the danger to the public safety caused by the attack or to aid in the postattack recovery or rehabilitation of the United States or any part of the United States, the governor shall declare by pr…

Every proclamation and the facts related in the proclamation issued under this part are subject to judicial inquiry by the state supreme court as to the existence of the facts underlying the issuance of the proclamation and whether the action was reasonable under the circumstance…

A person violating any of the rules or orders adopted and promulgated under 10-3-505 shall upon conviction be subject to a fine not to exceed $10,000 or to a term of imprisonment not to exceed 5 years, or both.

This part may be cited as "The Continuity in Government Act".

Following an enemy attack, the line of succession to the office of governor shall be extended as provided in Title 2, chapter 16, part 5.

In case of a vacancy on any board of county commissioners occurring during or following an enemy attack, if the judge or judges of the judicial district in which the vacancy occurs be not available to make the appointment then the district judges of all other judicial districts s…

In the event that no members of a city or town council or commission are available following an enemy attack then the board of county commissioners of the county in which such city or town is located shall appoint successors to act in place of the unavailable members.

If the executive head of any city or town is unavailable following an enemy attack to exercise the powers and discharge the duties of office, then those members of the city or town council or commission available shall, by majority vote, choose a successor to act as the executive…

If, following an enemy attack, the legislature or any state or local government council, board, or commission is unable to assemble a quorum as defined by the constitution of Montana or by statute, then those legislators or members of the council, board, or commission available f…

If the seat of state government at Helena is rendered unsuitable for use in that capacity, the seat of state government may be moved to an alternate location within the boundaries of the state of Montana by proclamation of the governor. The governor shall consider other Montana c…

Following an enemy attack in which the seat of local government of any political subdivision of the state shall have been rendered unsuitable for use in that capacity, in the opinion of the governing body of that political subdivision, such seat of government may be moved by said…

The provisions of this part shall become inoperative at the time of the convening of the first legislature following the emergency which originally made such provisions operative.

This part may be cited as the "Tactical Incident Assistance Act".

As used in this part, the following definitions apply: (1) "Jurisdiction" means the jurisdiction of any law enforcement agency within Montana. (2) "Tactical incident" means any situation in which it is reasonable to expect the possibility of the loss of life or the taking of a ho…

(1) If a tactical incident exceeds the capability of a local law enforcement agency, the agency administrator may request the assistance of a tactical team from another jurisdiction. (2) A tactical team called to another jurisdiction has peace officer status in that jurisdiction …

(1) If a tactical incident exceeds the capability of a local law enforcement agency, the agency administrator may call the national guard staff duty office for assistance as provided in 10-3-705. (2) The national guard staff duty officer shall inform the governor of the request.

(1) Upon request by a local law enforcement agency administrator, the governor may order the national guard to provide transportation services and the use of national guard equipment to the requesting agency tactical team or to tactical teams that are providing assistance to the …

(1) There is an account in the state special revenue fund established in 17-2-102. The account must be administered by the disaster and emergency services division of the department exclusively for the purposes of search and rescue as provided in this section. The department may …

(Temporary) Grants -- civil air patrol -- reporting requirements. (1) The department of military affairs shall distribute grants to the Montana civil air patrol on an annual basis. (2) The amount of $45,000 is statutorily appropriated on an annual basis, as provided in 17-7-502, …

This part may be cited as the "Statewide Mutual Aid System Act".

(1) It is the policy of the state that: (a) available resources should be made available whenever possible and practical to minimize the negative impacts of disasters and emergencies, regardless of the political jurisdiction in this state within which the disaster or emergency oc…

As used in this part, the following definitions apply: (1) "Committee" means the Montana intrastate mutual aid committee created in 10-3-904. (2) "Disaster" has the meaning provided in 10-3-103. (3) "Emergency" has the meaning provided in 10-3-103. (4) "Member jurisdiction" means…

(1) There is a Montana intrastate mutual aid committee. (2) All members of the committee must be appointed by and serve at the pleasure of the division as established in 10-3-105. (3) The committee shall elect from among its members a presiding officer, a vice presiding officer, …

The committee shall: (1) review the progress and status of intrastate mutual aid; (2) assist in developing methods to track and evaluate activation of the system; (3) examine issues facing member jurisdictions in the implementation of intrastate mutual aid; (4) develop, adopt, an…

(1) There is a Montana intrastate mutual aid system. The system is composed of and may be described as: (a) the member jurisdictions and any action taken by a member jurisdiction pursuant to this part; (b) the committee and any action taken by the committee pursuant to this part;…

(1) A member jurisdiction may request assistance from another member jurisdiction: (a) to prevent, mitigate, respond to, or recover from an emergency or disaster; or (b) in concert with drills or exercises between member jurisdictions. (2) A request for assistance must be made by…