MontanaHB 8469th Legislature, Regular Session (2025)House

Revise liability, training for prescribed fires

Sponsored By: Steve Gist (Republican)

Became Law

Fires and Fire ProtectionLiabilityPropertyRule Making

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 1 costs, 3 mixed.

Liability shield and fire penalties

The law protects certified prescribed fire managers, and landowners who use them, from wildfire damage claims when they follow the rules. They can still be held responsible if they were negligent and that caused or spread the fire. People who set or leave a fire that damages others’ property are still liable for all damages. They can also be fined $50 to $500 per violation. These protections and penalties apply once the claims fund is appropriated and certified.

Permits and strict burn rules

You must have a written permit to run a prescribed fire. During wildfire season, you also need a permit to burn slash, clear land, or burn debris. Small recreational fires under 48 inches, with a safe setup and no local restrictions, usually do not need a permit. If you get a permit, you must follow it exactly or face penalties and liability. These permit rules apply once the claims fund is appropriated and certified.

Claims fund and delayed start dates

The law creates a special account to run the certification program and pay claims for injury or property damage from escaped prescribed fires by certified managers. Money can come from donations, grants, transfers, and state appropriations. The liability shield and new permit sections take effect only after the legislature puts money into this account. The department must certify that appropriation to the code commissioner within 15 days. Until funding is appropriated and certified, those two sections do not apply.

Voluntary certification and revocation rules

The state creates a training and certification program for prescribed fire managers. Training covers laws, safety, weather, fire behavior, smoke, burn plans, permits, and contingencies. The department can set rules and fees and can revoke certification for violations. You do not need certification to burn on your land or with the owner’s permission if you follow all laws and rules.

Sponsors & Cosponsors

Sponsor

  • Steve Gist

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 479 • No: 9

House vote 4/17/2025

Do Concur

Yes: 97 • No: 2

House vote 4/16/2025

Do Concur

Yes: 98 • No: 0

House vote 4/11/2025

Do Concur

Yes: 48 • No: 0

House vote 4/10/2025

Do Concur

Yes: 46 • No: 0

House vote 2/21/2025

Do Pass

Yes: 94 • No: 4

House vote 2/20/2025

Do Pass

Yes: 96 • No: 3

Actions Timeline

  1. Chapter Number Assigned

    5/16/2025House
  2. Signed by Governor

    5/12/2025House
  3. Transmitted to Governor

    5/5/2025House
  4. Signed by President

    5/2/2025Senate
  5. Signed by Speaker

    5/1/2025House
  6. Returned from Enrolling

    4/23/2025House
  7. Sent to Enrolling

    4/18/2025House
  8. 3rd Reading Passed as Amended by Senate

    4/17/2025House
  9. 2nd Reading Senate Amendments Concurred

    4/16/2025House
  10. Returned to House with Amendments

    4/11/2025Senate
  11. 3rd Reading Concurred

    4/11/2025Senate
  12. 2nd Reading Concurred

    4/10/2025Senate
  13. Committee Report--Bill Concurred as Amended

    4/8/2025Senate
  14. Committee Executive Action--Bill Concurred as Amended

    4/7/2025Senate
  15. Hearing

    3/21/2025Senate
  16. Referred to Committee

    3/3/2025Senate
  17. First Reading

    2/24/2025Senate
  18. Transmitted to Senate

    2/21/2025House
  19. 3rd Reading Passed

    2/21/2025House
  20. 2nd Reading Passed

    2/20/2025House
  21. Revised Fiscal Note Printed

    2/18/2025House
  22. Revised Fiscal Note Signed

    2/17/2025House
  23. Revised Fiscal Note Received

    2/17/2025House
  24. Committee Report--Bill Passed as Amended

    2/14/2025House
  25. Committee Executive Action--Bill Passed as Amended

    2/14/2025House

Bill Text

  • Enrolled

    4/22/2025

  • As Amended (Version 3)

    4/8/2025

  • As Amended (Version 2)

    2/18/2025

  • Introduced

    12/12/2024

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