Title 10, Title 10

No agreement made under this part may relieve any fire protection service, emergency medical care provider, or local government subdivision of this state of a duty imposed upon it by law. Timely performance of such a duty by a joint board or other legal or administrative entity c…

Except for the right granted by this part to jointly exercise powers, this part does not authorize any fire protection service, emergency medical care provider, or local government subdivision of this state to exercise a power that it is not otherwise authorized to exercise.

In any case or controversy involving performance or interpretation of or liability under a mutual aid agreement entered into between one or more fire protection services, emergency medical care providers, or local government subdivisions of this state and one or more fire protect…

The procedures and remedies provided in this part apply to the exclusion of those remedies and procedures for interlocal agreements generally under Title 7, chapter 11, part 1.

A fire protection service, emergency medical care provider, or local government subdivision of this state may appropriate funds for and may sell, lease, or otherwise supply material to any entity created for the purpose of performance of an agreement and may provide such personne…

(1) A person may not be employed in any disaster and emergency services organization established under parts 1 through 4 of this chapter who advocates a change by force or violence in the constitutional form of the government of the United States or in this state or the overthrow…

Disaster and emergency services organizations and personnel may continue to identify themselves by the use of the civil defense symbol.

(1) Following a declaration of an emergency or disaster pursuant to this chapter, a peace officer or other person acting or purporting to act on behalf of the state or a political subdivision of the state may not take a confiscation action or: (a) prohibit, regulate, or curtail t…

(1) (a) Subject to subsection (2), whenever a state of emergency or disaster is in effect, a volunteer professional who possesses an active, unrestricted license in another state may practice in Montana to the extent authorized by law as if the person had been licensed in Montana…

(1) A licensing board or a licensing program in Montana: (a) may impose administrative sanctions upon a volunteer professional for unprofessional conduct in response to an emergency or disaster that occurs in Montana; and (b) shall report any administrative sanctions imposed upon…

The department of labor and industry may adopt rules necessary to implement 10-3-118 and 10-3-119 to recognize and register out-of-state volunteer professionals.

This part may be cited as the "Montana Response to Hazardous Material Incidents Act".

It is the purpose of this part to: (1) provide that adequate hazardous material emergency response capability exists in the state in order to protect the health and safety of Montana citizens and the environment; (2) delineate those state agencies responsible for responding to a …

As used in this part, the following definitions apply: (1) "Commission" means the state emergency response commission. (2) "Division" means the division of disaster and emergency services in the department of military affairs. (3) "Duration of response" means a period of time beg…

(1) There is a state emergency response commission that is attached to the department for administrative purposes. The commission consists of 8 members appointed by the governor. The commission must include representatives of the department of environmental quality, the division,…

(1) The commission shall submit its budget to the division. (2) The commission shall expend any funds appropriated to it in the following priority: (a) reimbursement for the nonfederal cost share for approved projects for local emergency planning committee development, local haza…

(1) The governing body of each incorporated city and county shall designate the local emergency response authority for incidents that occur within its jurisdiction. (2) Local emergency response authority members must be trained in hazardous material incident response in complianc…

(1) Every local emergency response authority designated pursuant to this part shall respond to hazardous material incidents occurring within its jurisdiction according to the local emergency operations plan. The local emergency response authority shall also respond to a hazardous…

(1) In order to prevent an overly broad delegation of legislative powers to the executive branch and to ensure continuity of government during a period of emergency as provided in Article III, section 2, of the Montana constitution, the legislature retains the authority to limit …

In the event that a state of emergency is declared by proper authority pursuant to 10-3-303, as the result of a hazardous material incident, the provisions of 10-3-303 govern.

(1) A person responsible for reporting a release under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9603, shall, as soon as practicable after obtaining the knowledge of a required reportable release, other than a permitted r…

(1) Hazardous material incident response team members may submit claims to the commission for reimbursement of documented costs incurred as a result of the team's response to an incident. Reimbursement for the costs may not exceed the duration of response. (2) A party who is not …

(1) (a) The commission shall review all claims for reimbursement and make recommendations to the governor as to payment or nonpayment of the claims within 90 days of receipt. The governor may authorize the issuance of warrants to be paid from the environmental contingency account…

(1) Cost recovery is the duty of the city or county having authority where an incident occurred. (2) The commission shall ensure the recovery of state expenditures according to the plan. (3) A person responsible for an incident is liable for attorney fees and costs of the commiss…

(1) The following are not liable under this part for injuries, costs, damages, expenses, or other liabilities resulting from the release or threatened release or remedial action resulting from the release or threatened release of a hazardous material: (a) the state or a political…

An owner or agent of the owner of a hazardous material involved in an incident, a person causing an incident, a person transporting a hazardous material involved in an incident, and a person owning or occupying property involved in an incident shall assist the state as requested …

(1) (a) When the legislature is not in session, the governor may, in writing, request the secretary of state to 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 o…

(1) A religious organization may assert a violation of 10-3-102 or 10-3-124 as a claim against a state, local, or interjurisdictional agency or public official in any judicial or administrative proceeding or as a defense in any judicial proceeding. (2) In any civil action based o…

An agency or a political subdivision of the state may not take discriminatory action against a religious organization wholly or partially on the basis that the organization is religious, operates or seeks to operate during an emergency or disaster, or engages in the exercise of r…

(1) A person or entity may assert a violation of 10-3-101 or 10-3-102 as a claim against a state, local, or interjurisdictional agency or public official in any judicial or administrative proceeding or as a defense in any judicial proceeding. (2) In any civil action based on this…

This part may be cited as the "Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act".

The purpose of this part is to enhance the safety of Montana's citizens by requiring a special permit, inspections, and monitoring of shipments of high-level radioactive waste and transuranic waste that travel through Montana by motor carrier or railroad.

As used in this part, the following definitions apply: (1) "High-level radioactive waste" means: (a) the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from…

(1) There is an account in the state special revenue fund to be known as the radioactive waste transportation monitoring, emergency response, and training account administered by the disaster and emergency services division of the department of military affairs. (2) The money dep…

(1) Prior to shipping high-level radioactive waste or transuranic waste through the state, an owner and the originating shipper if not the owner shall provide to the transporter and to the disaster and emergency services division, within limits set by the regulating federal autho…

(1) A person or entity may not ship high-level radioactive waste or transuranic waste through the state by rail or motor carrier unless the person or entity first notifies the disaster and emergency services division and the department of transportation, pays the appropriate fees…

(1) After receiving notification from the person or entity that plans to ship high-level radioactive waste or transuranic waste through the state, the department of transportation shall assess fees according to the following schedule: (a) a fee of $2,500 must be assessed for each…

(1) After receiving notification from the disaster and emergency services division that a motor carrier will be transporting high-level radioactive waste or transuranic waste through the state, the highway patrol shall establish a plan for monitoring the shipment. (2) Monitoring …

(1) After receiving notification from the disaster and emergency services division that high-level radioactive waste or transuranic waste will be shipped by railroad through the state, the public service commission shall establish a plan for inspecting the rails and the trains, a…

An owner found to be in violation of the provisions of 10-3-1305 through 10-3-1309 shall be fined an amount of not more than $100,000 for each violation. In the case of an accidental spill of a cask containing transuranic waste or leakage of high-level radioactive waste, the pena…

(1) Each political subdivision within this state shall designate a local or interjurisdictional agency responsible for emergency and disaster prevention and preparedness and coordination of response and recovery. (2) The local or interjurisdictional disaster and emergency service…

(1) Political subdivisions and governmental fire agencies organized under Title 7, chapter 33, must be encouraged and assisted by the division to conclude mutual aid arrangements with other public and private agencies within this state or any other state or the United States purs…

(1) Whenever the federal government or any agency or officer of the federal government offers to the state, or through the state to any political subdivision of the state, services, equipment, supplies, materials, or funds by way of gift, grant, reimbursement of mutual aid, or lo…

(1) This state enacts into law and enters into the interstate mutual aid compact with all states, as defined in the compact, that have enacted or enact the compact in the form substantially contained in 10-3-207. (2) The governor may enter into the compact with any state if the g…

(1) The governor of the state of Montana is hereby authorized for and in the name of the state of Montana to join with other states in the interstate mutual aid compact. (2) The governor of the state of Montana is hereby authorized to negotiate and execute such supplemental agree…

The interstate mutual aid compact referred to in 10-3-204 and 10-3-205 reads as follows: INTERSTATE MUTUAL AID COMPACT Article I The purpose of this compact is to provide voluntary assistance among participating states in responding to any disaster or imminent disaster that overe…