HOUSE BILL NO. 311
INTRODUCED BY G. MASOLO
A BILL FOR AN ACT ENTITLED: "AN ACT DIRECTING THE DIVISION OF DISASTER AND EMERGENCY
SERVICES TO ADOPT A UNIFORM EVACUATION PLAN PROCEDURE; PROVIDING FOR MATTERS TO BE
INCLUDED IN THE PLAN; AMENDING SECTIONS 10-3-104 AND 10-3-105, MCA; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 10-3-104, MCA, is amended to read:
"10-3-104. General authority of governor. (1) 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) suspend the provisions of any 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,
in accordance with the plan PROCEDURE developed pursuant to 10-3-105(4)(n), if the governor considers this action
necessary for the preservation of life or other disaster mitigation, response, or recovery;
(c) 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."
Section 2. Section 10-3-105, MCA, is amended to read:
"10-3-105. Division of disaster and emergency services -- duties. (1) A division of disaster and emergency services is established in the department. The division must have an administrator and other professional, technical, secretarial, and clerical employees as necessary for the performance of its functions.
(2) The department through the division of disaster and emergency services is responsible to the governor for carrying out the planning and program for disaster and emergency services of this state.
(3) The division shall prepare and maintain a comprehensive plan and program for disaster and emergency services of this state. The plan and program must be coordinated with the disaster and emergency plans and programs of the federal government, other states, political subdivisions, and Canada to the fullest extent possible.
(4) The division shall:
(a) coordinate the preparation of the plan and program for disaster and emergency services with the political subdivisions of this state;
(b) coordinate disaster and emergency prevention and preparation activities of all departments, agencies, and organizations within the state;
(c) advise and assist the political subdivisions of this state in executing their disaster and emergency services responsibilities;
(d) make recommendations on the formation of interjurisdictional disaster and emergency services areas when individual political subdivisions are unable to fully and adequately mount an effective local program because of limitations of funding, personnel, or other reasons;
(e) make surveys of industries, resources, and facilities within the state, both public and private, as are necessary to carry out the purposes of parts 1 through 4 of this chapter;
(f) periodically review local and interjurisdictional plans and programs for disaster and emergency services;
(g) develop or assist in the development of mutual aid plans and agreements between the federal government, other states, and Canada and among the political subdivisions of this state;
(h) plan and make arrangements for the availability and use of any private facilities, services, and property and, if necessary and if in fact used, provide for payment for use under terms and conditions agreed upon;
(i) institute training and public information programs and take all other preparatory steps, including the partial or full mobilization of disaster and emergency services organizations in advance of an actual incident, emergency, or disaster, to ensure the availability of adequately trained and equipped personnel in time of an incident, emergency, or disaster;
(j) direct emergency response and disaster preparation activities as authorized by the governor;
(k) direct disaster response and recovery activities as authorized by the governor;
(l) prepare, for issuance by the governor, executive orders or proclamations as necessary or appropriate in coping with incidents, emergencies, and disasters;
(m) maintain liaison with and cooperate with disaster and emergency services agencies and organizations of the federal
government, other states, and Canada in achieving any purpose of parts 1 through 4 of this chapter and in implementing
programs for disaster prevention, preparation, response, and recovery; and
(n) develop a uniform evacuation procedure to be used in an area impacted by a disaster or emergency; and
(n)(o) assume any additional authority, duties, and responsibilities authorized by parts 1 through 4 of this chapter as
may be prescribed by the governor."
NEW SECTION. Section 3. Uniform evacuation plan PROCEDURE -- contents. The uniform evacuation plan
PROCEDURE provided for in 10-3-105(4)(n) must include but is not limited to the following:
(1) Personnel involved in contacting potential evacuees shall inform the potential evacuee of the need for the evacuation but may not threaten or intimidate the evacuee in order to gain compliance with an evacuation order.
(2) Assistance, within available resources, must MAY be provided to an evacuee who seeks the assistance.
(3) A AN ADULT potential evacuee informed of the need for evacuation may decide to stay on the individual's
property, and the personnel informing the individual shall note that decision. A MINOR CHILD OF THE ADULT
INDIVIDUAL WHO HAS DECIDED TO STAY ON THE INDIVIDUAL'S PROPERTY OR OTHER MINOR ON THAT
PROPERTY MUST BE EVACUATED FROM THE PROPERTY.
NEW SECTION. Section 4. Codification instruction. [Section 3] 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 3].
NEW SECTION. Section 5. Effective date. [This act] is effective on passage and approval.
- END -
Latest Version of HB 311 (HB0311.02)
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