_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the Department of Military Affairs

A BILL FOR AN ACT ENTITLED: “AN ACT ADOPTING THE MOST RECENT FEDERAL MILITARY LAWS, REGULATIONS, AND CODES APPLICABLE TO THE GOVERNANCE OF THE MONTANA NATIONAL GUARD; AMENDING SECTION 10-1-104, MCA; and PROVIDING AN APPLICABILITY DATE.”

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

Section 1. Section 10-1-104, MCA, is amended to read:

"10-1-104. Federal regulations to govern. (1) Federal laws and regulations, forms, precedents, and usages relating to and governing the armed forces of the United States and the national guard, as in effect on October 1, 2019 2021, insofar as they are applicable and not inconsistent with the constitution and laws of this state or with a rule or regulation adopted pursuant to 10-1-105, apply to and govern the national guard of this state, including all members on active duty within the state as active duty guard/reserve (AGR) personnel under Title 32 of the United States Code.

(2) The Uniform Code of Military Justice, as in effect on October 1, 2019 2021, including the regulations, manuals, forms, precedents, and usages implementing, interpreting, and complementing the code, is adopted for use by the national guard of this state and applies, insofar as the code is not otherwise inconsistent with the constitution and laws of this state, including the regulations, manuals, forms, precedents, and usages implementing, interpreting, and complementing the constitution and laws of this state, or with a rule or regulation adopted pursuant to 10-1-105, to the greatest extent practicable to govern the national guard of this state, including all members on active duty within the state as active duty guard/reserve (AGR) personnel under Title 32 of the United States Code when the members are serving other than in a federal capacity under Title 10 of the United States Code."

NEW SECTION. Section 2. Applicability. [This act] applies to events that occur and proceedings begun on or after October 1, 2021.