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A BILL FOR AN ACT ENTITLED, “A BILL TO CLARIFY AND SPECIFY THE ROLE,
FORMATION, ORGANIZATION AND DEPLOYMENT OF THE MONTANA HOME GUARD; AND
ESTABLISHING AN EFFECTIVE DATE.”
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.