10-3-210. Statement of policy -- poll of legislature -- expenditure plan for unanticipated funds. (1) In order to prevent an overly broad delegation of legislative powers to the executive branch, to ensure continuity of government during a period of emergency as provided in Article III, section 2, of the Montana constitution, and to preserve strict accountability of all money spent by the state as provided in Article VIII, section 12, of the Montana constitution, the legislature retains the power to approve the governor's power over large unanticipated funds, items, and services received for purposes of emergency or disaster services while providing a means to provide for a prompt and timely oversight of the funds through an expedited polling process.

(2) As provided in 10-3-203(3)(b), when the legislature is not in session the legislative finance committee shall request that the secretary of state poll the members of the legislature to determine if a majority of the members of the house of representatives and a majority of the members of the senate are in favor of a legislative declaration approving the governor's expenditure plan.

(3) The request must:

(a) state the conditions warranting the poll;

(b) provide the recommendations of the legislative finance committee as provided in 10-3-203(3)(b); and

(c) provide a legislative declaration to affirm the governor's expenditure plan.

(4) Within 3 calendar days after receiving a request, the secretary of state shall send a ballot to all legislators by using any reasonable and reliable means, including electronic delivery, that contains the information provided in subsection (3) and the date by which legislators shall return the ballot, which may not be more than 10 calendar days after the date the ballots were sent.

(5) A legislator may cast and return a vote by delivering the ballot in person, by mailing, or by sending the ballot by facsimile transmission or electronic mail to the office of the secretary of state. A legislator may not change the legislator's vote after the ballot is received by the secretary of state. The secretary of state shall tally the votes within 1 working day after the date for return of the votes. If a majority of the members in each house vote to approve the legislative declaration, then the governor's expenditure plan is approved and the governor is no longer bound to the appropriation limit in 10-3-203(3) for the applicable emergency or disaster.

(6) A ballot that is not returned by the deadline established by the secretary of state is considered a vote against the declaration.

(7) If the expenditure plan is not approved, the governor may submit a new expenditure plan under the provisions of 10-3-203(3) for the purpose of a revised poll of the legislature, call a special session of the legislature under the provisions of Article V, section 11, of the Montana constitution to consider the plan, or remain within the appropriation limit in 10-3-203(3).