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    NEW SECTION.  Section 1.  Title.  This act may be referred to as the Montana Home Guard Revitalization Act.

    NEW SECTION.  Section 2.  Purpose.  The purpose of establishing and enhancing the Montana Home Guard is to create a community service apparatus in Montana to fill and service the gap between neighborhood watch and the Montana National Guard, and to provide the state and local communities with trained and organized resources otherwise unavailable.

    NEW SECTION.  Section 3.  Structure of home guard units.  The basic unit of the home guard is the company, which generally will be composed of four platoons, which are each usually composed of four squads. A home guard company may adopt a company flag, company creed, company colors, and other designations or insignia suitable for company identity and tradition.  A home guard company may be formed as an infantry company, medical company, transportation company, heavy equipment company, construction company, forestry company, police company, environmental salvage company, signal company, scout company, supply company, specialty company, or general service company.  A mixed company may be formed of specialized platoons or squads of the types mentioned above.

    NEW SECTION.  Section  4.  Home guard company leadership. Each home guard company shall be commanded by a company captain.  The company captain shall be fully responsible for all of the personnel of the company, including recruitment, training, mustering, equipping, assignment, promoting, demoting and dismissal of company members.  The company captain is responsible to the governor, either directly, or indirectly through whatever chain of command the governor may establish.  With the advice of his company officers, the company captain shall prepare and execute a company charter to specify the mission, policies, equippage and procedures for the company.  The company captain may administer punishments to company members including only dismissal from the company, demotion, or lesser punishments.

    NEW SECTION.  Section  5.  Home guard company formation.  The governor may appoint a home guard captain, and task that captain to recruit, train, equip and muster a home guard company.  Any citizen of good repute may form a company, and petition the governor to appoint the citizen a captain and accept the company into the home guard.  Any group of citizens may form a company, and select a leader to petition the governor for appointment as a captain and acceptance of the company as a home guard unit.

    NEW SECTION.  Section  6.  Home guard members.  All members of the home guard must, as a condition of acceptance into a home guard company, swear an oath of allegiance first to the Constitution of the United States, second to the Constitution of Montana, third to the governor, and forth to his or her company commander.  All home guard members must be informed upon their recruitment that they serve in the home guard at their own risk, and without compensation.

    NEW SECTION.  Section  7.  Home guard deployment.  Home guard units may be activated and assigned to duty by the governor, or by the county sheriff with the consent of the governor.  Home guard units may volunteer service to the county sheriff.  If a home guard company should fail to respond to a call for activation by the governor at a minimum of half strength within eight hours of the governor’s call, the home guard company may be decertified by the governor and its captain dismissed.  If any home guard member should fail to respond to a call for activation, for cause or otherwise, he or she may be dismissed from the company by the company captain.  Home guard units and members may not be deployed or assigned outside of the borders of Montana.  Home guard units or personnel may serve, but may not be compelled to serve under federal agencies within the borders of Montana.  No home guard unit may be activated and deployed for a period longer that ten days, unless reactivated for an additional ten days by the governor.  No home guard unit may be activated and deployed for more than 30 days in any calendar year except with the specific consent of the legislature for each occurrence.

    NEW SECTION.  Section  8.  Home guard training.  It is the responsibility of the home guard captain to insure that the personnel of his company are trained sufficiently to fulfill the company’s mission.  The Montana National Guard may be called upon to provide training for units and personnel of the home guard, insofar as the resources of the National Guard permit such training.

    Section 9.  Section 10-1-701 is amended as follows:.  Home guard -- organization and composition. The home guard may be organized, maintained, and disbanded at the discretion of the governor, in accordance with federal law and regulation, when additional defense or emergency response forces are needed in this state. The home guard shall be composed of officers assigned to it company captains, other officers selected by them, and any able-bodied citizen of this state who volunteers to serve in it. If additional persons are needed in the home guard, members of the unorganized militia shall serve if enrolled by draft or otherwise as provided by law and regulation.

    Section 10.  Section 10-1-702 is amended as follows:  Gubernatorial rules for guard. The home guard shall be organized, armed, equipped, maintained, disciplined, governed, administered, and trained under rules prescribed by the governor.  The governor may also permit a home guard company to establish rules for that company that are acceptable to the governor. These rules shall conform to federal law and regulations.

    Section 11.  Section 10-1-703 is amended as follows:.  Use of armories and equipment. The governor may make available to the home guard the facilities of state armories and their equipment and any other state land and property as may be available. The governor may requisition from the federal government, for the use of the home guard, arms, ammunition, clothing, equipment, and other items in accordance with federal law and regulations, insofar as the governor can do so without obligating the home guard to any federal service. The governing body of a county, municipality, fire district or school district may make available to the home guard any premises, facilities, equipment, or other property belonging to or under the control of the county, municipality, fire district or school district.

    Section 12.  Section 10-1-704 is amended as follows:  Pay and allowances. An officer or member of the home guard on active duty in the service of this state shall receive the same pay and allowances as prescribed for officers and enlisted members of the militia under 10-1-502.  An officer or member of the home guard, whether on active duty or otherwise, serves strictly as an unpaid volunteer, however, the governor may pay claims from home guard members for personal equipment lost, consumed, damaged or destroyed as a part of actual service.

    Section 13.  Section 45-8-109 is amended as follows:  Civil disorder -- prohibited activities -- penalties -- exceptions. (1) A person is guilty of a crime if, with one or more other persons, the person purposely or knowingly assembles for the purpose of training in, instructing in the use of, or practicing with any technique or means capable of causing property damage, bodily injury, or death, with the purpose of employing the training, instruction, or practice in a civil disorder.
    (2)  A person convicted of violating the provisions of subsection (1) is guilty of a felony and shall be imprisoned in the state prison for a period not to exceed 10 years or be fined not to exceed $50,000, or both.
    (3)  Subsection (1) does not prohibit:
    (a)  an act protected pursuant to Article II of the Montana constitution;
    (b)  an act of a governmental military force;
    (c)  an act of a peace officer performed in the lawful performance of the officer's duties;
    (d)  an authorized activity of the department of fish, wildlife, and parks; the department of corrections; a law enforcement agency; or the law enforcement academy;
    (e)  training in nonviolent civil disobedience techniques;
    (f)  lawful self-defense or defense of others or an activity intended to teach or practice self-defense or self-defense techniques; or
    (g)  a facility, program, or lawful activity related to firearms instruction or training intended to teach the safe handling and use of firearms or activities or sports related to recreational use or possession of firearms.
    (h)  training for any person actively involved in the home guard or training for admission into the home guard.
    (4)  Sections 45-8-107 through 45-8-109 do not apply to an employer or employees involved in a labor dispute.

    NEW SECTION. Section 14.  This act is effective upon passage.