10-3-312. Maximum expenditure by governor -- appropriation. (1) Whenever a disaster or an emergency, including an energy emergency as defined in 90-4-302 or an invasive species emergency declared under 80-7-1013, 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 $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 individuals and households grant programs as provided in 42 U.S.C. 5174. The statutory appropriation in this subsection may be used by any state agency designated by the governor.
(4) At the end of each biennium, an amount equal to the unexpended and unencumbered balance of the $16 million statutory appropriation in subsection (1), minus any amount appropriated pursuant to 10-3-310 in the same biennium, must be transferred by the state treasurer from the state general fund to the fire suppression account provided for in 76-13-150.
History: En. Sec. 2, Ch. 409, L. 1971; R.C.M. 1947, 79-2502; amd. Sec. 1, Ch. 626, L. 1983; amd. Sec. 7, Ch. 703, L. 1985; amd. Sec. 2, Ch. 595, L. 1989; amd. Sec. 1, Ch. 256, L. 1991; amd. Sec. 1, Ch. 12, Sp. L. July 1992; amd. Sec. 7, Ch. 176, L. 1995; amd. Sec. 1, Ch. 401, L. 1995; amd. Sec. 4, Ch. 422, L. 1997; amd. Sec. 1, Ch. 55, L. 1999; amd. Sec. 1, Ch. 569, L. 2001; amd. Sec. 2, Ch. 426, L. 2003; amd. Sec. 1, Ch. 182, L. 2007; amd. Sec. 15, Ch. 429, L. 2009; amd. Sec. 1, Ch. 138, L. 2013; amd. Sec. 1, Ch. 368, L. 2013; amd. Sec. 4, Ch. 115, L. 2017; amd. Sec. 2, Ch. 398, L. 2019.
Structure Montana Code Annotated
Title 10. Military Affairs and Disaster and Emergency Services
Chapter 3. Disaster and Emergency Services
Part 3. State Planning and Execution
10-3-301. State disaster and emergency plan
10-3-303. Declaration of emergency or disaster -- effect and termination
10-3-305. Governor commander-in-chief -- duties
10-3-306. through 10-3-309 reserved
10-3-310. Incident response -- authority -- appropriation -- expenditures -- recovery -- rules
10-3-311. Emergency or disaster expenditures -- restrictions
10-3-312. Maximum expenditure by governor -- appropriation
10-3-313. Temporary housing for disaster victims -- site acquisition and preparation
10-3-314. Community disaster loans
10-3-315. Debris and wreckage removal in emergencies or disasters