10-1-106. Proclamation of martial rule. (1) Subject to subsections (2) and (3), when the militia is employed in aid of civil authority, the governor may by proclamation declare any part of a county or municipality in which troops are serving to be subject to martial rule.
(2) The governor shall confer with the president of the senate and the speaker of the house on a continual basis throughout the duration of a proclamation.
(3) A proclamation of martial rule is void after 21 days unless a majority of the members in each house vote to approve the proclamation through a poll of the legislature as provided in 10-3-122 or through joint resolution in a regular or special session. A ballot that is not returned by the deadline established by the secretary of state is considered a vote to discontinue martial rule.
History: En. 77-1605 by Sec. 29, Ch. 94, L. 1974; R.C.M. 1947, 77-1605; amd. Sec. 6, Ch. 504, L. 2021.
Structure Montana Code Annotated
Title 10. Military Affairs and Disaster and Emergency Services
10-1-102. Powers and duties of department of military affairs
10-1-104. Federal regulations to govern
10-1-105. Rules and regulations by governor and adjutant general
10-1-106. Proclamation of martial rule
10-1-107. Property remains public property
10-1-108. Armories -- acquisition and sale -- proceeds -- account -- utilities easements
10-1-109. Lease of real property for military facilities
10-1-111. Immunity from liability
10-1-112. Access to confidential criminal justice information