Montana LC LC0530
UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)BY REQUEST OF THE DEPARTMENT OF MILITARY AFFAIRS
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING FINANCING OF NATIONAL GUARD SUPPORT PURSUANT TO DISASTER AND EMERGENCY SERVICES; PROVIDING FOR INTERAGENCY FUNDING AGREEMENTS FOR DIRECT PAYMENT OF CERTAIN NATIONAL GUARD EXPENSES FROM NONGENERAL FUND SOURCES; ESTABLISHING A SPECIAL REVENUE ACCOUNT AND AUTHORIZING PAYMENTS TO NATIONAL GUARD MEMBERS FROM THE ACCOUNT; PROVIDING THAT PAY AND ALLOWANCE AMOUNTS PURSUANT TO AN INTERAGENCY FUNDING AGREEMENT MAY EXCEED AMOUNTS BASED ON MILITARY PAY GRADE; PROVIDING A STATUTORY APPROPRIATION DIRECTLY TO THE DEPARTMENT OF MILITARY AFFAIRS; PROVIDING THAT SPECIAL REVENUE APPROPRIATED FOR CERTAIN NATIONAL GUARD SUPPORT OF INCIDENTS BE EXPENDED BEFORE GENERAL FUND MONEY; PROVIDING THAT IF SPECIAL REVENUE IS AVAILABLE TO REIMBURSE THE GENERAL FUND FOR INCIDENTS, THE GOVERNOR'S GENERAL FUND SPENDING AUTHORITY MUST BE REINSTATED BY A CORRESPONDING AMOUNT; CLARIFYING THAT GENERAL FUND APPROPRIATIONS TO THE GOVERNOR PURSUANT TO AN INCIDENT MAY BE USED BY ANY STATE AGENCY DESIGNATED BY THE GOVERNOR; AND AMENDING SECTIONS 10-1-501, 10-1-502, 10-3-103, 10-3-203, 10-3-310, AND 10-3-312, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Interagency funding agreements to pay for national guard assistance. For the purpose of providing a direct funding mechanism to pay for national guard expenses from special funds, the department may enter into an interagency funding agreement with any federal, state, local, public, or private entity authorized by law to pay for national guard expenses incurred for providing national guard assistance pursuant to this chapter.
Section 2. Section 10-1-501, MCA, is amended to read:
"10-1-501. Pay Payment methods for activated militia from general fund. (1) When Except as provided in subsection (2), when the organized militia is ordered into active duty as provided for in Article VI, section 13, of the constitution of this state, warrants for pay and expenses shall must be drawn upon the general fund of the state.
(2) Warrants for pay and expenses to a national guard member on active duty may be drawn upon the special revenue account established in 10-3-203(3), subject to the terms of the interagency funding agreement applicable to the active duty performed by the member."
Section 3. Section 10-1-502, MCA, is amended to read:
"10-1-502. Pay Amount of pay and allowances. (1) An Except as provided in subsection (2):
(a) an officer ordered into active duty as provided for in Article VI, section 13, of the constitution of this state shall must receive pay and allowances as prescribed for an officer of corresponding grade and length of service when on active duty in federal service.; and
(2) An (b) an enlisted member ordered into active duty as provided for in Article VI, section 13, of the constitution of this state shall must receive pay at rates equivalent to twice those allowed for an enlisted member of corresponding grade and length of time when on active duty in federal service. This schedule of pay for enlisted members applies only to the first 15 days of service. After 15 days, an enlisted member shall must receive the pay and allowances as prescribed for an enlisted member of corresponding grade when on active duty in federal service.
(2) An officer or enlisted member on state active duty may receive pay and allowances in the amounts provided pursuant to an interagency funding agreement, subject to the terms and conditions of the agreement, if the amounts payable pursuant to the interagency funding agreement are not less than would have been payable under subsection (1).
(3) Payments to a member pursuant to an interagency funding agreement may not affect any other benefit, right, privilege, or immunity conferred on a member by law.
(4) The pay and allowances provided for in this section may not be paid when pay and allowances for the active duty are provided out of federal military funds.
(5) For purposes of this section, "interagency funding agreement" has the meaning provided in 10-3-103."
Section 4. Section 10-3-103, MCA, is amended to read:
"10-3-103. Definitions. As used in parts 1 through 4 of this chapter, the following definitions apply:
(1) "Civil defense" means the nuclear preparedness functions and responsibilities of disaster and emergency services.
(2) "Department" means the department of military affairs.
(3) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural cause or man-made cause by human activity, including tornadoes, windstorms, snowstorms, wind-driven water, high water, floods, wave action, earthquakes, landslides, mudslides, volcanic action, fires, explosions, air or water contamination requiring emergency action to avert danger or damage, blight, droughts, infestations, riots, sabotage, hostile military or paramilitary action, disruption of state services, or accidents involving radiation byproducts or other hazardous materials.
(4) "Disaster and emergency services" means the preparation for and the carrying out of disaster and emergency functions and responsibilities, other than those for which military forces or other state or federal agencies are primarily responsible, to mitigate, prepare for, respond to, and recover from injury and damage resulting from emergencies or disasters.
(5) "Division" means the division of disaster and emergency services of the department.
(6) "Emergency" means the imminent threat of a disaster causing immediate peril to life or property that timely action can avert or minimize.
(7) (a) "Incident" means an event or occurrence, whether inside or outside state boundaries, caused by either an individual or by natural phenomena, requiring action by disaster and emergency services personnel to prevent or minimize loss of life or damage to property or natural resources. The term includes the imminent threat of an emergency,.
(b) but the The term does not include a state of emergency or disaster declared by the governor pursuant to 10-3-302 or 10-3-303.
(8) "Interagency funding agreement" means an agreement entered into pursuant to [section 1] for the payment of national guard expenses, irrespective of whether the agreement was made before, during, or after the expenses were incurred.
(9) "Political subdivision" means any county, city, town, or other legally constituted unit of local government in this state.
(9)(10) "Principal executive officer" means the mayor, presiding officer of the county commissioners, or other chief executive officer of a political subdivision.
(10)(11) "Temporary housing" means unoccupied habitable dwellings, suitable rental housing, mobile homes, or other readily fabricated dwellings."
Section 5. Section 10-3-203, MCA, is amended to read:
"10-3-203. Acceptance of funds, services, gifts, grants, and loans -- special revenue account -- statutory appropriations. (1) Whenever the federal government, or any agency or officer of the federal government, or any party to an interagency funding agreement offers to the state, or through the state to any political subdivision of the state, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, or other mechanism for purposes of emergency or disaster services, the state, acting through the governor, or the political subdivision, acting through its executive officer or governing body, may accept the offer. Upon the acceptance, the governor of the state or the executive officer or governing body of the political subdivision may authorize any officer of the state or of the political subdivision to receive the services, equipment, supplies, materials, or funds on behalf of the state or political subdivision and subject to the terms of the offer and the rules, if any, of the agency making the offer.
(2) The funds, items, and services set forth in received by the state under subsection (1) are statutorily appropriated, as provided in 17-7-502, to the governor for the purposes set forth in subsection (1), except as provided in subsection (3).
(3) Funds received pursuant to an interagency funding agreement must be deposited in a special revenue account, established pursuant to 17-2-102(1)(b)(i), to the credit of the department. Funds in the account are statutorily appropriated, as provided in 17-7-502, to the department for the purposes specified by the entity that provided the funds."
Section 6. Section 10-3-310, MCA, is amended to read:
"10-3-310. Incident response -- authority -- appropriation -- expenditures -- recovery -- rules. (1) The governor may by executive order upon request of the local governing body or its authorized agent, or upon the request of any party to an interagency funding agreement, activate that part of the state disaster and emergency plan pertaining to incident response. The order may be issued for any year, for any part of a year, or upon occurrence of an incident.
(2) Upon approval of an executive order pursuant to this section:
(a) that part of the state disaster and emergency plan pertaining to incidents becomes effective;
(b) the division may use any of the resources usable by the division during a state of emergency or disaster to respond to the incident; and
(c) there is statutorily appropriated, as provided in 17-7-502, to the office of the governor, and the governor is authorized to expend from the general fund an amount not to exceed $10,000 per for each incident and not to exceed $100,000 for incidents in a biennium, subject to subsection (3).
(3) Special revenue funds received pursuant to an interagency funding agreement for national guard assistance in responding to the incident must be expended before general fund money appropriated pursuant to subsection (2)(c), unless the special revenue funds are not yet accessible.
(4) The governor may authorize the incurring of liabilities and expenses to be paid as other claims against the state from the general fund, in the amount necessary, upon activation of the incident response portion of the state disaster and emergency plan. Money appropriated by this section may be used only for incident response costs of the state and may not be used to reimburse a local government for incident response costs incurred by that local government.
(4)(5) In the event of recovery of money expended that general fund expenditures pursuant to this section are reimbursed from nongeneral fund sources, including reimbursement from a party to an interagency funding agreement, the general fund spending authority under subsection (2)(c) must be reinstated to the level reflecting the recovery by an amount corresponding to the reimbursement.
(6) The statutory appropriation in subsection (2)(c) may be used by any state agency designated by the governor.
(5)(7) The department may adopt rules to implement this section."
Section 7. Section 10-3-312, MCA, is amended to read:
"10-3-312. Maximum expenditure by governor -- appropriation. (1) Whenever an emergency or disaster is declared by the governor, there is statutorily appropriated to the office of the governor, as provided in 17-7-502, and, subject to subsection (2), the governor is authorized to expend from the general fund an amount not to exceed $12 million in any biennium, minus any amount appropriated to the governor pursuant to 10-3-310(2)(c) in the same biennium. The statutory appropriation in this subsection may be used by any state agency designated by the governor.
(2) In the event of the recovery of money expended under this section, the spending authority must be reinstated to a level reflecting the recovery.
(3) If a disaster is declared by the president of the United States, there is statutorily appropriated to the office of the governor, as provided in 17-7-502, and the governor is authorized to expend from the general fund an amount not to exceed $500,000 during the biennium to meet the state's share of the individual and family grant programs as provided in 42 U.S.C. 5178. The statutory appropriation in this subsection may be used by any state agency designated by the governor."
NEW SECTION. Section 8. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 10, chapter 3, part 1, and the provisions of Title 10, chapter 3, part 1, apply to [section 1].
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