Montana Code 10-4-108. Rulemaking authority
10-4-108. Rulemaking authority. (1) The department shall adopt rules to implement the provisions of this chapter. The rules must include but are not limited to:
Terms Used In Montana Code 10-4-108
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Department: means the department of justice provided for in Title 2, chapter 15, part 20. See Montana Code 10-4-101
- Public safety answering point: means a communications facility operated on a 24-hour basis that first receives emergency communications from persons requesting emergency services and that may, as appropriate, directly dispatch emergency services or transfer or relay the emergency communications to appropriate public safety agencies. See Montana Code 10-4-101
- Tribal government: has the meaning provided in 2-15-141. See Montana Code 10-4-101
(a)distribution procedures for funding authorized in 10-4-305(1);
(b)procedures for grant funding authorized in 10-4-306. The rules for grant funding must include but are not limited to:
(i)eligibility requirements for entities applying for grants;
(ii)criteria for awarding grants; and
(iii)reporting procedures for grant recipients.
(c)postdisbursement activities by the department to monitor the use of funding by entities, including:
(i)reporting requirements; and
(ii)procedures for repayment of funds expended on activities determined not to meet eligibility requirements.
(2)The department shall adopt rules including but not limited to:
(a)technology standards, based on industry standards and a statewide 9-1-1 plan, to ensure that public safety answering points meet minimum 9-1-1 services levels; and
(b)baseline next-generation 9-1-1 principles to facilitate the appropriate deployment of baseline next-generation 9-1-1.
(3)(a) Before January 1, 2022, the department shall adopt rules for the allocation and distribution of funds in the account provided for in 10-4-304(2)(a) in accordance with 10-4-305(2) and (3) to local and tribal government entities that host public safety answering points.
(b)The rules adopted for allocation must be based on the official final decennial census figures and must ensure that each local and tribal government entity that hosts a public safety answering point receives funding. The allocation must account for:
(i)historic allocations provided to a local or tribal government entity that hosts a public safety answering point;
(ii)the population of counties, cities, Indian reservations, or other government entities served by the public safety answering point;
(iii)population trends; and
(iv)other factors determined by the department, in consultation with the 9-1-1 advisory council provided for in 10-4-105, critical to the funding allocation.
(c)The department’s allocation may not distribute funds in a manner that discourages public safety answering points from consolidating or combining.
(4)The department shall adopt rules in accordance with the Montana Administrative Procedure Act provided for in Title 2, chapter 4, to implement the provisions of this section.