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SENATE BILL NO. 193
INTRODUCED BY D. HARGROVE
BY REQUEST OF THE JOINT SELECT COMMITTEE ON CI-75
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE LAWS GOVERNING DISASTER AND EMERGENCY SERVICES; AUTHORIZING A GOVERNMENTAL ENTITY DECLARING A DISASTER OR EMERGENCY TO APPLY TO THE GOVERNOR FOR FUNDS; REQUIRING THE GOVERNING BODY OF THE GOVERNMENTAL ENTITY RECEIVING FUNDS TO SUBMIT A LEVY TO THE QUALIFIED ELECTORS OF THE GOVERNMENTAL ENTITY AT A TAX ELECTION; PROVIDING FOR REIMBURSEMENT TO THE STATE FROM THE PROCEEDS OF THE LEVY OR FROM FUNDS THAT WOULD BE PROVIDED BY THE STATE TO THE GOVERNMENTAL ENTITY; AMENDING SECTIONS 10-3-312, 10-3-402, 10-3-403, AND 10-3-405, MCA; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 10-3-312, MCA, is amended to read:
"10-3-312. Maximum expenditure by governor -- appropriation. (1) (a) Whenever an emergency or a disaster is declared by the governor, including an emergency or a disaster in a political subdivision, 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 $2 million in any biennium, minus any amount appropriated pursuant to 10-3-310 in the same biennium.
(b) Whenever an emergency or a disaster due to fire is declared by the governor, 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 $10 million in any biennium. The amount appropriated in this subsection (1)(b) may be combined with the amount appropriated in subsection (1)(a) for an emergency or a disaster due to fire.
(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."
Section 2. Section 10-3-402, MCA, is amended to read:
"10-3-402. Local emergency -- declaration
and -- application for funding -- termination. (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 emergency.
(3) An emergency proclamation may terminate with a disaster declaration or when the principal executive officer determines that the emergency no longer exists.
(4) Upon issuance of a local emergency proclamation or disaster declaration, the political subdivision may apply to the governor for funding pursuant to this chapter."
Section 3. Section 10-3-403, MCA, is amended to read:
"10-3-403. Local disaster -- declaration
and -- application for funding -- termination. (1) A disaster declaration
may be issued by order or resolution whenever the principal executive officer determines a disaster is occurring or has
(2) A disaster declaration may be terminated when the principal executive officer determines that the disaster conditions no longer exist.
(3) Upon the issuance of a disaster declaration, the principal executive officer may apply to the governor for funding under this chapter."
Section 4. Section 10-3-405, MCA, is amended to read:
"10-3-405. Levying emergency tax -- reimbursement to state -- disposition of surplus. (1) The governing body of
the city or town or the governing body of the county, or both,
shall estimate expenditures shall determine the amount of
funds received from the state under this chapter and shall submit to the qualified electors at the next tax election a levy an
for emergency millage to cover the expenditures amount received from the state. The millage levied submitted by the
governing body of the city or town shall may not exceed 2 mills on the municipality's taxable valuation. The millage levied
submitted by the governing body of the county shall may not exceed 2 mills on the taxable valuation of the county outside
the municipalities. (2) No expenditure of revenue received from the millage shall be made without approval of the appropriate levying
body. (3)(2) An additional levy or levies may be made submitted to the electors by the appropriate levying body ,. providing
that However, the sum of the levies for emergencies as set forth in this section shall may not exceed 2 mills in any one year. (4) All levies under this section may be passed only by a unanimous vote of the appropriate body.
(3) (a) The state has a first claim against the proceeds of a levy for an amount up to the amount of state funding provided to the levying body pursuant to this chapter. If the levy is insufficient to fully reimburse the state, the state shall waive any claim in excess of the amount raised by the levy.
(b) If the levy is not approved by the electorate of the entity receiving funds pursuant to this chapter, the state shall withhold funds that would otherwise be payable to the entity by the state or the entity may reimburse the state from other funds until an amount equal to the amount that would have been raised by the levy has been withheld or paid to the state. The state shall deposit the funds in the general fund.
(5)(4) Funds levied for an emergency and remaining when no further expenditures or reimbursements are necessary shall
must remain in a separate emergency fund and shall must be used only for expenditures arising from future emergencies."
NEW SECTION. Section 5. Contingent voidness. If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then this act is void.
NEW SECTION. Section 6. Effective date. [This act] is effective on passage and approval.
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Latest Version of SB 193 (SB0193.01)
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