SENATE BILL NO. 185 INTRODUCED BY D. HOWARD

A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING THE POWERS OF THE GOVERNOR TO SUSPEND CERTAIN STATUTES DURING AN EMERGENCY; PROHIBITING A GOVERNOR FROM SUSPENDING A STATUTE THAT AFFECTS THE EXERCISE OF AN INDIVIDUAL'S CONSTITUTIONAL RIGHTS; AND AMENDING SECTION 10-3-104, MCA.”

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 10-3-104, MCA, is amended to read:

"10-3-104. General authority of governor. (1) The governor is responsible for carrying out parts 1 through 4 of this chapter.

(2) In addition to any other powers conferred upon the governor by law, the governor may:

(a) except as provided in subsection (4), suspend the provisions of any a regulatory statute prescribing the procedures for conduct of state business or orders or rules of any state agency if the strict compliance with the provisions of any statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency or disaster;

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amend and rescind them. All executive orders or proclamations declaring or terminating a state of emergency or disaster must indicate the nature of the emergency or disaster, the area threatened, and the conditions that have brought about the declaration or that make possible termination of the state of emergency or disaster. disaster.

(b) direct and compel the evacuation of all or part of the population from an emergency or disaster area within the state if the governor considers this action necessary for the preservation of life or other disaster mitigation, response, or recovery;

(c) control ingress and egress to and from an incident or emergency or disaster area, the movement of persons within the area, and the occupancy of premises within the area.

• 1 - Authorized Print Version – SB 185

67th Legislature SB 185.1

1 (4) The governor may not suspend a statute that affects the exercise of an individual's constitutional 2 rights, even if the statute is otherwise considered a regulatory statute prescribing the procedures for conduct of 3 state business. ”

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MS-13 is organized in Massachusetts and elsewhere in the form of “cliques” or smaller groups that operate under the larger mantle of MS-13. Vaquerano Canas was a member of the Sykos Locos Salvatrucha clique of MS-13. Court documents showed that Vaquerano Canas had “homeboy” status in MS-13, which is generally achieved by committing a significant act of violence.

Vaquerano Canas was indicted in federal court in 2018 following an investigation into the murder of a teenage boy whose body was found in a Lynn park on Aug. 2, 2018. The injuries to the victim’s body indicated that the victim had been stabbed dozens of times. As part of his guilty plea, Vaquerano Canas admitted that on or about July 30, 2018, he participated in that murder while a member of the MS-13 gang.

Vaquerano Canas faces a sentence of up to life in prison. He will also be subject to deportation upon the completion of his sentence.

https://www.justice.gov/usao-ma/pr/ms-13-member-pleads-guilty-rico-conspiracy-involving-murder-5