68th Legislature HB 106.1
1 HOUSE BILL NO. 106
2 INTRODUCED BY K. WALSH
3 BY REQUEST OF THE DEPARTMENT OF MILITARY AFFAIRS
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT ALLOWING THE DIVISION OF DISASTER AND EMERGENCY
6 SERVICES OF THE DEPARTMENT OF MILITARY AFFAIRS TO RECEIVE HAZARD MITIGATION
7 ASSISTANCE GRANTS; PROVIDING A STATUTORY APPROPRIATION; AMENDING SECTION 17-7-502,
8 MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 NEW SECTION. Section 1. Hazard mitigation assistance grants -- acceptance -- statutory
13 appropriation. (1) The division may accept hazard mitigation assistance grants whenever the federal
14 government or an agency or officer of the federal government offers funding in the form of grants to the state.
15 Hazard mitigation assistance grants provide funding for eligible mitigation activities that reduce disaster losses
16 and protect life and property from future disaster damages.
17 (2) All funds received as allowed in subsection (1) are statutorily appropriated, as provided in 17-7-
18 502, to the division for the purposes described in subsection (1).
19
20 Section 2. Section 17-7-502, MCA, is amended to read:
21 "17-7-502. Statutory appropriations -- definition -- requisites for validity. (1) A statutory
22 appropriation is an appropriation made by permanent law that authorizes spending by a state agency without
23 the need for a biennial legislative appropriation or budget amendment.
24 (2) Except as provided in subsection (4), to be effective, a statutory appropriation must comply with
25 both of the following provisions:
26 (a) The law containing the statutory authority must be listed in subsection (3).
27 (b) The law or portion of the law making a statutory appropriation must specifically state that a
28 statutory appropriation is made as provided in this section.
-1- Authorized Print Version – HB 106
68th Legislature HB 106.1
1 (3) The following laws are the only laws containing statutory appropriations: 2-17-105; 5-11-120; 5-
2 11-407; 5-13-403; 5-13-404; 7-4-2502; 7-4-2924; 7-32-236; 10-1-108; 10-1-1202; 10-1-1303; 10-2-603; 10-2-
3 807; 10-3-203; 10-3-310; 10-3-312; 10-3-314; [section 1]; 10-3-802; 10-3-1304; 10-4-304; 10-4-310; 15-1-121;
4 15-1-218; 15-31-165; 15-31-1004; 15-31-1005; 15-35-108; 15-36-332; 15-37-117; 15-39-110; 15-65-121; 15-
5 70-101; 15-70-130; 15-70-433; 16-11-119; 16-11-509; 17-3-106; 17-3-212; 17-3-222; 17-3-241; 17-6-101; 17-7-
6 215; 18-11-112; 19-3-319; 19-3-320; 19-6-404; 19-6-410; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-
7 305; 19-19-506; 19-20-604; 19-20-607; 19-21-203; 20-8-107; 20-9-534; 20-9-622; [20-15-328]; 20-26-617; 20-
8 26-1503; 22-1-327; 22-3-116; 22-3-117; [22-3-1004]; 23-4-105; 23-5-306; 23-5-409; 23-5-612; 23-7-301; 23-7-
9 402; 30-10-1004; 37-43-204; 37-50-209; 37-54-113; 39-71-503; 41-5-2011; 42-2-105; 44-4-1101; 44-12-213;
10 44-13-102; 46-32-108; 50-1-115; 53-1-109; 53-6-148; 53-9-113; 53-24-108; 53-24-206; 60-5-530; 60-11-115;
11 61-3-321; 61-3-415; 67-1-309; 69-3-870; 69-4-527; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 75-26-308; 76-
12 13-150; 76-13-151; 76-13-417; 76-17-103; 77-1-108; 77-2-362; 80-2-222; 80-4-416; 80-11-518; 80-11-1006;
13 81-1-112; 81-1-113; 81-7-106; 81-7-123; 81-10-103; 82-11-161; 85-2-526; 85-20-1504; 85-20-1505; [85-25-
14 102]; 87-1-603; 87-5-909; 90-1-115; 90-1-205; 90-1-504; 90-6-331; and 90-9-306.
15 (4) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing,
16 paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued
17 pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of
18 Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined
19 by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have
20 statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 10, Ch. 360, L. 1999, the
21 inclusion of 19-20-604 terminates contingently when the amortization period for the teachers' retirement
22 system's unfunded liability is 10 years or less; pursuant to sec. 73, Ch. 44, L. 2007, the inclusion of 19-6-410
23 terminates contingently upon the death of the last recipient eligible under 19-6-709(2) for the supplemental
24 benefit provided by 19-6-709; pursuant to sec. 5, Ch. 383, L. 2015, the inclusion of 85-25-102 is effective on
25 occurrence of contingency; pursuant to sec. 6, Ch. 423, L. 2015, the inclusion of 22-3-116 and 22-3-117
26 terminates June 30, 2025; pursuant to sec. 12, Ch. 55, L. 2017, the inclusion of 37-54-113 terminates June 30,
27 2023; pursuant to sec. 4, Ch. 122, L. 2017, the inclusion of 10-3-1304 terminates September 30, 2025;
28 pursuant to sec. 1, Ch. 213, L. 2017, the inclusion of 90-6-331 terminates June 30, 2027; pursuant to secs. 5, 8,
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68th Legislature HB 106.1
1 Ch. 284, L. 2017, the inclusion of 81-1-112, 81-1-113, and 81-7-106 terminates June 30, 2023; pursuant to sec.
2 1, Ch. 340, L. 2017, the inclusion of 22-1-327 terminates July 1, 2023; pursuant to sec. 10, Ch. 374, L. 2017,
3 the inclusion of 76-17-103 terminates June 30, 2027; pursuant to sec. 5, Ch, 50, L. 2019, the inclusion of 37-50-
4 209 terminates September 30, 2023; pursuant to sec. 1, Ch. 408, L. 2019, the inclusion of 17-7-215 terminates
5 June 30, 2029; pursuant to secs. 11, 12, and 14, Ch. 343, L. 2019, the inclusion of 15-35-108 terminates June
6 30, 2027; pursuant to sec. 7, Ch. 465, L. 2019, the inclusion of 85-2-526 terminates July 1, 2023; pursuant to
7 sec. 5, Ch. 477, L. 2019, the inclusion of 10-3-802 terminates June 30, 2023; pursuant to secs. 1, 2, 3, Ch. 139,
8 L. 2021, the inclusion of 53-9-113 terminates June 30, 2027; pursuant to sec. 8, Ch. 200, L. 2021, the inclusion
9 of 10-4-310 terminates July 1, 2031; pursuant to secs. 3, 4, Ch. 404, L. 2021, the inclusion of 30-10-1004
10 terminates June 30, 2027; pursuant to sec. 5, Ch. 548, L. 2021, the inclusion of 50-1-115 terminates June 30,
11 2025; pursuant to secs. 5 and 12, Ch. 563, L. 2021, the inclusion of 22-3-1004 is effective July 1, 2027; and
12 pursuant to sec. 15, Ch. 574, L. 2021, the inclusion of 46-32-108 terminates June 30, 2023.)"
13
14 NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an
15 integral part of Title 10, chapter 3, part 3, and the provisions of Title 10, chapter 3, part 3, apply to [section 1].
16
17 NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.
18 - END -
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Statutes affected:
HB0106_1.pdf: 17-7-502
HB0106_X.pdf: 17-7-502
Enrolled: 17-7-502
Introduced: 17-7-502