Montana Code Annotated 2021



Part 2. Intergovernmental Cooperation

Acceptance Of Services, Gifts, Grants, And Loans

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) Subject to subsection (3), 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.

(3) (a) The statutory appropriation provided in this section is limited to an amount equal to 5% of the general fund appropriations for the second year of the biennium in the most recently adopted general appropriations act for each emergency or disaster, unless the governor receives authorization from the legislature through a joint resolution or a bill during a regular or special session of the legislature or through the polling process in 10-3-210.

(b) (i) If the legislature is not in session and the funds, items, and services set forth in subsection (1) exceed the appropriation limit in subsection (3)(a), the governor shall submit a copy of the governor's recommendations to expend more than the appropriation limit in this section to the legislative fiscal analyst provided for in 5-12-302 as an expenditure plan. The plan must be provided in an electronic format.

(ii) The legislative finance committee provided for in 5-12-201 shall meet within 20 days of the date that the proposed plan is provided to the legislative fiscal analyst. The legislative finance committee may make recommendations concerning the governor's plan. The governor shall consider the recommendations of the legislative finance committee in determining how the money will be expended and either include or omit finance committee recommendations in the governor's plan.

(iii) The legislative finance committee shall provide a recommendation to the members of the senate and the house of representatives regarding whether to accept the governor's final expenditure plan and request a polling of the legislature pursuant to 10-3-210 within 10 calendar days of receiving the governor's final plan.

History: En. Sec. 11, Ch. 218, L. 1951; Sec. 77-1311, R.C.M. 1947; amd. and redes. 77-2309 by Sec. 16, Ch. 94, L. 1974; amd. Sec. 13, Ch. 335, L. 1977; R.C.M. 1947, 77-2309; amd. Sec. 6, Ch. 703, L. 1985; amd. Sec. 4, Ch. 389, L. 1999; amd. Sec. 1, Ch. 426, L. 2003; amd. Sec. 2, Ch. 228, L. 2021.