2003 Montana Legislature

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HOUSE BILL NO. 152

INTRODUCED BY FISHER

BY REQUEST OF THE OFFICE OF BUDGET AND PROGRAM PLANNING

 

AN ACT REVISING INTERGOVERNMENTAL COOPERATION OF DISASTER AND EMERGENCY SERVICES LAWS; CLARIFYING ACCEPTANCE OF FUNDS RECEIVED FOR FEDERAL REIMBURSEMENT OF MUTUAL AID; REVISING THE STATUTORY APPROPRIATION OF FUNDS RECEIVED FROM THE FEDERAL GOVERNMENT FOR EMERGENCY OR DISASTER SERVICES TO INCLUDE THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION FOR FIRE SUPPRESSION; INCREASING THE STATUTORY APPROPRIATION UNDER THE EMERGENCY POWERS OF THE GOVERNOR FROM $12 MILLION TO $16 MILLION; AMENDING SECTIONS 10-3-203 AND 10-3-312, MCA; AND PROVIDING AN EFFECTIVE DATE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 10-3-203, MCA, is amended to read:

     "10-3-203.  Acceptance of services, gifts, grants, and loans. (1) Whenever the federal government or any agency or officer of the federal government 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, reimbursement of mutual aid, or loan 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 subsection (1) are statutorily appropriated, as provided in 17-7-502, to the governor for the purposes set forth in subsection (1) or to the department of natural resources and conservation for fire suppression purposes or costs."

 

     Section 2.  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 $16 million in any biennium, minus any amount appropriated pursuant to 10-3-310 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."

 

     Section 3.  Effective date. [This act] is effective July 1, 2003.

- END -

 


Latest Version of HB 152 (HB0152.ENR)
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