reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 12. Response to Hazardous Material Incidents › 10-3-1216. Cost recovery and civil remedies

10-3-1216. Cost recovery and civil remedies.
(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 commission incurred in recovering costs associated with responding to an incident.
(4) The remedy for the recovery of emergency response costs identified in this part is in addition to any other remedy for recovery of the costs provided by applicable federal or state law.
(5) Any person who receives compensation for the emergency response costs pursuant to any other federal or state law is precluded from recovering compensation for those costs pursuant to this chapter.
(6) Except for the commission, the regional hazardous material incident response team, and the local emergency response authority, this part does not otherwise affect or modify in any way the obligations or liability of any person under any other provision of state or federal law, including common law, for damages, injury, or loss resulting from the release or threatened release of any hazardous material or for remedial action or the costs of remedial action for a release or threatened release.
(7) Any person who is not a liable party under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended, or the Comprehensive Environmental Cleanup and Responsibility Act, Title 75, chapter 10, part 7, and who renders assistance in response to an emergency situation associated with an incident may file a civil action against the responsible party for recoverable costs that have not been reimbursed by the state.
(8) Recoveries by the state for reimbursed costs under this section must be deposited in the environmental contingency account to offset amounts paid as reimbursement.
History: En. Sec. 12, Ch. 270, L. 1995; amd. Sec. 3, Ch. 520, L. 1999; amd. Sec. 2, Ch. 153, L. 2011; amd. Sec. 15, Ch. 243, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 12. Response to Hazardous Material Incidents › 10-3-1217. Liability of persons and response team members rendering assistance

10-3-1217. Liability of persons and response team members rendering assistance.
(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 subdivision of the state;
(b) the commission;
(c) the local emergency response authority;
(d) the regional hazardous material incident response team;
(e) a private emergency response team dispatched by the state, a political subdivision of the state, or a local or tribal emergency response authority for emergency response activities; and
(f) an employee, representative, or agent of any of the entities listed in subsections (1)(a) through (1)(e), except for willful misconduct or gross negligence.
(2) The immunity includes but is not limited to indemnification, contribution, or third-party claims for wrongful death, personal injury, illness, loss or damages to property, or economic loss.
(3) A person becomes a member of the regional hazardous material incident response team when the person is contacted, dispatched, or requested for response regardless of the person's location.
History: En. Sec. 13, Ch. 270, L. 1995; amd. Sec. 4, Ch. 520, L. 1999; amd. Sec. 1, Ch. 517, L. 2003; amd. Sec. 16, Ch. 243, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 12. Response to Hazardous Material Incidents › 10-3-1218. Required assistance in hazardous material incident

10-3-1218. Required assistance in hazardous material incident.
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 by the incident commander in responding to an emergency situation associated with the incident as may be necessary to address an acute threat to public health or safety or to the environment until the incident commander declares that the emergency situation is over.
History: En. Sec. 14, Ch. 270, L. 1995.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act › 10-3-1301. Short title

10-3-1301. Short title.
This part may be cited as the "Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act".
History: En. Sec. 1, Ch. 560, L. 2003.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act › 10-3-1302. Purpose

10-3-1302. Purpose.
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.
History: En. Sec. 2, Ch. 560, L. 2003.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act › 10-3-1303. Definitions

10-3-1303. Definitions.
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 the liquid waste that contains fission products in sufficient concentrations;
(b) irradiated reactor fuel; or
(c) other highly radioactive waste material that the U.S. nuclear regulatory commission has determined by rule requires permanent isolation.
(2) "Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.
(3) "Transuranic waste" means material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and that are in concentrations greater than 10 nanocuries per gram or in other concentrations that the U.S. nuclear regulatory commission may prescribe.
History: En. Sec. 3, Ch. 560, L. 2003.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act › 10-3-1304. Radioactive waste transportation monitoring, emergency response, and training account -- purpose -- disbursement

10-3-1304. Radioactive waste transportation monitoring, emergency response, and training account -- purpose -- disbursement.
(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 deposited into this account by the department of transportation pursuant to 10-3-1307 may be used only for the following purposes:
(a) to reimburse the highway patrol for expenses incurred in monitoring or providing escorts for motor carriers transporting high-level radioactive waste or transuranic waste through the state;
(b) to provide funding for training local emergency response personnel in handling radioactive waste accidents, spills, and other related emergencies; and
(c) to reimburse local emergency response entities for costs incurred in the event that an accident, spill, or other related emergency occurs.
(3) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department of military affairs for the purposes described in subsection (2). (Subsection (3) terminates September 30, 2025--sec. 4, Ch. 122, L. 2017.)
History: En. Sec. 4, Ch. 560, L. 2003; amd. Sec. 14, Ch. 2, L. 2009; amd. Sec. 1, Ch. 122, L. 2017.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act › 10-3-1305. Responsibilities of owner

10-3-1305. Responsibilities of owner.
(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 authority:
(a) a shipment description, including type of waste;
(b) a safety plan, which must be submitted to the disaster and emergency services division and which must include:
(i) the specifications of casks being used to transport the radioactive waste, including how the casks have been tested and certified;
(ii) proof of training of an owner's escorts for emergency situations, including accidents;
(iii) the intended route;
(iv) all safety precautions to be taken to prevent an accident; and
(v) emergency plans for threats to safety;
(c) proof of insurance or an indemnity bond. If the owner and the originating shipper if not the owner is covered by a federal insurance program for the transport of radioactive material, proof of coverage by that program is sufficient. If a federal insurance program does not cover the owner, the owner shall provide proof of a bond or indemnity insurance coverage as required by the regulating federal authority.
(d) proof of a radiotelephone or other working, two-way voice communications device approved by the nuclear regulatory commission for the main transporter and for each escort vehicle.
(2) An owner or the originating shipper if not the owner may not transport through the state any high-level radioactive waste or transuranic waste that is not properly sealed in a cask approved by the regulating federal authority.
History: En. Sec. 5, Ch. 560, L. 2003.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act › 10-3-1306. Transportation of radioactive waste through state -- notification -- responsibilities of division

10-3-1306. Transportation of radioactive waste through state -- notification -- responsibilities of division.
(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, and obtains a permit.
(2) Upon receiving the notification required under subsection (1), the disaster and emergency services division shall notify the highway patrol, the public service commission, or other agencies as appropriate.
(3) The disaster and emergency services division shall reimburse the highway patrol for expenses incurred in monitoring or escorting motor carriers, as provided in 10-3-1308, from money collected in the radioactive waste transportation monitoring, emergency response, and training account created in 10-3-1304.
History: En. Sec. 6, Ch. 560, L. 2003.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act › 10-3-1307. Responsibilities of department of transportation -- assessment and collection of fees -- issuance of permits -- inspection of motor carriers

10-3-1307. Responsibilities of department of transportation -- assessment and collection of fees -- issuance of permits -- inspection of motor carriers.
(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 cask designed for transport by truck; and
(b) a fee of $4,500 must be assessed for the first cask designed for transport by rail and a fee of $3,000 for each additional cask designed for transport by rail that is shipped by the same person or entity in the same shipment.
(2) Payment of the fees provided in subsection (1) is the responsibility of the person or entity who owns the waste.
(3) Upon receipt of the fees provided in subsection (1), the department of transportation shall issue to the owner of the waste a permit that must be carried with the waste as it is traveling through the state.
(4) The department of transportation shall deposit all of the fees collected under this section in the radioactive waste transportation monitoring, emergency response, and training account created in 10-3-1304.
(5) If the waste is to be transported through the state by motor carrier, the department of transportation shall coordinate with the highway patrol on the inspection of the motor carrier by the motor carrier services division.
(6) This section does not exempt the operator of a motor carrier from any of the provisions of Title 61, chapter 10, from Title 69, chapter 12, or from any other law that applies to the operation of motor vehicles in Montana.
(7) Fees under this section must be assessed regardless of ownership, and 61-3-321(14) and 61-10-127 do not apply.
History: En. Sec. 7, Ch. 560, L. 2003; amd. Sec. 8, Ch. 596, L. 2005; amd. Sec. 3, Ch. 209, L. 2011; amd. Sec. 2, Ch. 247, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act › 10-3-1308. Responsibilities of highway patrol -- monitoring of motor carriers -- billing

10-3-1308. Responsibilities of highway patrol -- monitoring of motor carriers -- billing.
(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 a shipment by motor carrier may include escorting the vehicle through the state, establishing checkpoints, shadowing the vehicle, electronically following the vehicle's movements, or any other method determined by the highway patrol to be effective and safe.
(3) The highway patrol shall coordinate inspection of the motor carrier with the department of transportation's motor carrier services division.
(4) The highway patrol shall determine the cost that it has incurred in monitoring each motor carrier and shall submit a bill for reimbursement to the disaster and emergency services division for payment out of the account established in 10-3-1304(1).
(5) The routing of the transport by motor carrier of high-level radioactive waste and transuranic waste must be determined by the department of transportation and the appropriate regulating federal authority.
History: En. Sec. 8, Ch. 560, L. 2003; amd. Sec. 3, Ch. 19, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act › 10-3-1309. Responsibilities of public service commission -- inspection of rails and trains -- agreements with neighboring states and provinces -- rulemaking

10-3-1309. Responsibilities of public service commission -- inspection of rails and trains -- agreements with neighboring states and provinces -- rulemaking.
(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, as authorized in Title 69, chapter 14, that will be involved in the transportation of the waste. The plan must include but is not limited to:
(a) coordination with the federal railroad administration on track and rolling stock inspections;
(b) inspection and approval by a federally certified inspector no later than 1 week prior to shipment; and
(c) a requirement that trains carrying radioactive waste or transuranic waste may not travel at greater than the speed required by federal regulations.
(2) The public service commission may enter into reciprocal agreements with adjacent states and bordering Canadian provinces that Montana's inspectors may inspect trains while they are stopped in those states or provinces before they cross the Montana border.
(3) The public service commission shall, in cooperation with the department of transportation, the disaster and emergency services division, and the highway patrol, establish rules to carry out the provisions of this part. The rules must address:
(a) the process by which local authorities will be notified when a motor carrier or a train carrying high-level radioactive waste or transuranic waste is approaching their jurisdictions;
(b) which local authorities will receive notification;
(c) the process by which local governments and local emergency response entities may apply for and receive training and reimbursement money from the radioactive waste transportation monitoring, emergency response, and training account, as provided in 10-3-1304;
(d) the criteria for qualifying to receive money from the account;
(e) acceptable means for monitoring a train that is carrying high-level radioactive waste or transuranic waste; and
(f) other processes or procedures that the public service commission, the department of transportation, the disaster and emergency services division, and the highway patrol determine are necessary to efficiently carry out the provisions of this part and to ensure the safe transportation of high-level radioactive waste or transuranic waste through Montana.
History: En. Sec. 9, Ch. 560, L. 2003; amd. Sec. 2, Ch. 104, L. 2015.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act › 10-3-1310. Penalty

10-3-1310. Penalty.
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 penalty is in addition to any other liability. The department of justice is responsible for imposing and determining the amount of a fine.
History: En. Sec. 10, Ch. 560, L. 2003.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-102. Repealed

10-4-102. Repealed.
Sec. 24, Ch. 367, L. 2017.
History: En. Sec. 3, Ch. 635, L. 1985; amd. Sec. 20, Ch. 112, L. 1991; amd. Sec. 16, Ch. 349, L. 1993; amd. Sec. 2, Ch. 448, L. 1997; amd. Sec. 10, Ch. 36, L. 2005; amd. Sec. 2, Ch. 304, L. 2007; amd. Sec. 1, Ch. 111, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-103. Emergency telephone system requirements

10-4-103. Emergency telephone system requirements.
(1) Every local and tribal government in this state may establish or participate in a 9-1-1 system.
(2) A 9-1-1 system must include:
(a) a 24-hour communications facility automatically accessible anywhere in the public safety answering point's service area by dialing 9-1-1;
(b) direct dispatch of public and private safety services in the public safety answering point's service area or relay or transfer of 9-1-1 communications to an appropriate public or private safety agency;
(c) a 24-hour communications facility equipped with at least two trunk-hunting local access circuits provided by the local telephone company's central office;
(d) automatic number identification that automatically identifies and displays the calling telephone number at the public safety answering point; and
(e) automatic location identification that automatically identifies and displays the location of the calling telephone at the public safety answering point.
(3) The primary emergency telephone number within the state is 9-1-1, but a public safety answering point shall maintain both a separate seven-digit secondary emergency number for use by the telephone company operator and a separate seven-digit nonemergency number.
History: En. Sec. 2, Ch. 635, L. 1985; amd. Sec. 3, Ch. 448, L. 1997; amd. Sec. 17, Ch. 367, L. 2017; amd. Sec. 2, Ch. 172, L. 2019.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-104. Repealed

10-4-104. Repealed.
Sec. 24, Ch. 367, L. 2017.
History: En. Sec. 7, Ch. 635, L. 1985.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-105. 9-1-1 advisory council

10-4-105. 9-1-1 advisory council.
(1) There is a 9-1-1 advisory council.
(2) The council consists of 18 members appointed by the governor as follows:
(a) the attorney general or the attorney general's designee, who serves as presiding officer of the council;
(b) a representative of the department of justice, Montana highway patrol;
(c) a representative of the Montana emergency medical services association;
(d) three representatives of Montana telecommunications providers, including at least one wireless provider;
(e) a representative of the Montana association of public safety communications officials;
(f) two public safety answering point managers, one serving a population of less than 30,000 and one serving a population of greater than 30,000;
(g) a representative of the department of military affairs, disaster and emergency services division;
(h) a representative of the Montana association of chiefs of police;
(i) a representative of the Montana sheriffs and peace officers association;
(j) a representative of the Montana state fire chiefs' association;
(k) a representative of the Montana state volunteer firefighters association;
(l) a representative of the Montana association of counties;
(m) a representative of the Montana league of cities and towns;
(n) the state librarian or the state librarian's designee; and
(o) the state director of Indian affairs provided for in 2-15-217.
(3) The council is attached to the department for administrative purposes only, as provided in 2-15-121.
(4) The council shall, within its authorized budget, hold quarterly meetings.
(5) Council members shall serve without additional salary but are entitled to reimbursement for travel expenses incurred while engaged in council activities as provided for in 2-18-501 through 2-18-503.
History: En. Sec. 1, Ch. 367, L. 2017; amd. Sec. 3, Ch. 172, L. 2019; amd. Sec. 10, Ch. 566, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-106. 9-1-1 advisory council duties -- consultation by department

10-4-106. 9-1-1 advisory council duties -- consultation by department.
The 9-1-1 advisory council shall:
(1) advise the department in its duty to allocate and distribute 9-1-1 fees in accordance with 10-4-305 and to update the allocation and distribution in accordance with rules adopted pursuant to 10-4-108(3);
(2) provide recommendations to the department in determining grants awarded in accordance with 10-4-306;
(3) advise the department in the development of a statewide 9-1-1 plan; and
(4) advise the department on significant matters concerning 9-1-1 systems development and 9-1-1 services in the state of Montana, including rulemaking.
History: En. Sec. 2, Ch. 367, L. 2017.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-107. Department duties and powers -- 9-1-1 planning

10-4-107. Department duties and powers -- 9-1-1 planning.
(1) There is a 9-1-1 program administered by the department.
(2) The department shall:
(a) allocate and distribute 9-1-1 fees;
(b) update the allocation and distribution of 9-1-1 fees in accordance with 10-4-305 and rules adopted pursuant to 10-4-108;
(c) provide grants in accordance with 10-4-306. In awarding the grants, the department shall review and approve requests for funding in accordance with 10-4-306.
(d) monitor the expenditure of program funds for:
(i) 9-1-1 purposes by local and tribal governments that host public safety answering points; and
(ii) allowable uses of grant funds by entities;
(e) establish a statewide 9-1-1 plan in accordance with subsection (3);
(f) staff and fund the administrative costs of the 9-1-1 advisory council established in 10-4-105;
(g) accept federal funds granted by congress or by executive order and gifts, grants, and donations for the purposes of administering this chapter; and
(h) establish allowable uses of funds by local and tribal governments that host public safety answering points that receive distributions pursuant to 10-4-305 and ensure that funds are expended only for allowable uses.
(3) A statewide 9-1-1 plan must include:
(a) to the maximum extent feasible the use of existing commercial communications infrastructure; and
(b) 9-1-1 system standards and support efforts to migrate legacy technologies to next-generation 9-1-1 technologies when appropriate and to provide for the implementation of future 9-1-1 technologies. Any standards adopted by the department for legacy 9-1-1 technologies or principles adopted for baseline next-generation 9-1-1 technologies must be:
(i) flexible and graduated, while ensuring minimum service levels; and
(ii) based on industry standards.
(4) The department, in fulfilling its duties pursuant to subsection (2), may request necessary information from local and tribal governments. If a local or tribal government does not comply with the request, the department may withhold funding distributions as provided for in 10-4-109.
History: En. Sec. 3, Ch. 367, L. 2017; amd. Sec. 4, Ch. 172, L. 2019; amd. Sec. 2, Ch. 14, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 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:
(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.
History: En. Sec. 4, Ch. 367, L. 2017; amd. Sec. 5, Ch. 172, L. 2019; amd. Sec. 3, Ch. 14, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-109. Local and tribal government entities and funding -- department delegation

10-4-109. Local and tribal government entities and funding -- department delegation.
(1) After the department determines baseline next-generation 9-1-1 principles in accordance with rules adopted pursuant to 10-4-108(2) and a statewide 9-1-1 plan, the department shall delegate implementation to local and tribal government entities that host public safety answering points.
(2) If the department determines through its monitoring process that a local or tribal government entity that hosts a public safety answering point is not using funds in the manner prescribed in this chapter or has failed to provide information required by the department, the department may, after notice and hearing, suspend payment to the local or tribal government entity. The local or tribal government entity is not eligible to receive funds until the department determines that the local or tribal government is complying with department requirements or has provided the requested information.
History: En. Sec. 5, Ch. 367, L. 2017; amd. Sec. 6, Ch. 172, L. 2019.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-111. Repealed

10-4-111. Repealed.
Sec. 24, Ch. 367, L. 2017.
History: En. Sec. 4, Ch. 635, L. 1985; amd. Sec. 4, Ch. 448, L. 1997.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-112. Repealed

10-4-112. Repealed.
Sec. 24, Ch. 367, L. 2017.
History: En. Sec. 5, Ch. 635, L. 1985; amd. Sec. 5, Ch. 448, L. 1997.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-113. Repealed

10-4-113. Repealed.
Sec. 24, Ch. 367, L. 2017.
History: En. Sec. 6, Ch. 635, L. 1985; amd. Sec. 6, Ch. 448, L. 1997.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-114. Repealed

10-4-114. Repealed.
Sec. 24, Ch. 367, L. 2017.
History: En. Sec. 1, Ch. 184, L. 2003; amd. Sec. 3, Ch. 304, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-115. Repealed

10-4-115. Repealed.
Secs. 25, 31, Ch. 367, L. 2017.
History: En. Sec. 4, Ch. 304, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-116. Limitation on liability

10-4-116. Limitation on liability.
(1) Except as provided in subsection (2), a provider and its employees, directors, officers, and agents are not liable for death or injury to any person or for damage to property as a result of developing, adopting, establishing, participating in, implementing, maintaining, or carrying out duties involved in or related to a 9-1-1 system or to emergency communications or 9-1-1 calls, including but not limited to the identification of phone numbers, addresses, or names associated with a person involved in an emergency communication or 9-1-1 call.
(2) The immunity granted by subsection (1) does not extend to liability resulting from gross negligence, willful or wanton misconduct, or an intentional tort.
History: En. Sec. 14, Ch. 367, L. 2017.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-117. Provider and seller obligations -- limitations

10-4-117. Provider and seller obligations -- limitations.
Nothing in this chapter:
(1) relieves a provider or seller from its obligations pursuant to parts 1 through 3 of this chapter, including obligations pursuant to 10-4-201 to collect 9-1-1 fees from customers on a per access line basis; or
(2) grants the department the authority to regulate the services offered by an originating service provider or by a seller.
History: En. Sec. 15, Ch. 367, L. 2017; amd. Sec. 4, Ch. 435, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-118. Providing phone location information in emergency

10-4-118. Providing phone location information in emergency.
(1) At the request of a law enforcement agency officer or employee or other agent of a public safety answering point on behalf of a law enforcement agency who is acting in the course of the official duties of the officer or agent, a commercial mobile service as defined in 47 U.S.C. 332 shall provide, subject to any limitations under applicable federal law, available phone location information of a telecommunications device without delay if the officer or agent asserts:
(a) that the device was used to place a 9-1-1 call requesting emergency assistance; or
(b) reasonable suspicion that the device is in the possession of an individual who is involved in an emergency situation that involves risk of death or serious physical harm.
(2) If a law enforcement agency officer or an employee or other agent of a public safety answering point acting on behalf of an officer submits a request for location information to a commercial mobile service under subsection (1), the law enforcement agency employing the officer shall maintain a record of the request that includes each of the following:
(a) the name of the officer or agent making the request or, in the case of a request made by an agent, the name of the officer on whose behalf the agent is acting;
(b) a description of the request that explains the need for disclosure of location information; or
(c) a declaration that disclosure of location information is needed based on the conditions described in subsection (1).
(3) A commercial mobile service may establish protocols by which the commercial mobile service voluntarily discloses phone location information.
(4) The department shall obtain direct contact information from all commercial mobile services authorized to do business in this state to facilitate a request from a law enforcement agency or a public safety answering point on behalf of a law enforcement agency for phone location information under this section. All commercial mobile services shall inform the department of any changes to their direct contact information. The department shall disseminate the direct contact information to each public safety answering point in this state.
History: En. Sec. 1, Ch. 374, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-119. Public safety agencies and public safety answering points -- notification of service requests

10-4-119. Public safety agencies and public safety answering points -- notification of service requests.
A public safety answering point must immediately notify a public safety agency with jurisdictional responsibilities of a request for service in the agency's jurisdiction, even when the answering point does not dispatch emergency services, and transfer or relay emergency communications to that public safety agency.
History: En. Sec. 1, Ch. 176, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-121. Repealed

10-4-121. Repealed.
Sec. 24, Ch. 367, L. 2017.
History: En. Sec. 8, Ch. 635, L. 1985.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-125. Repealed

10-4-125. Repealed.
Sec. 24, Ch. 367, L. 2017.
History: En. Sec. 7, Ch. 448, L. 1997.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 1. Emergency Telephone System Plans › 10-4-126. Repealed

10-4-126. Repealed.
Sec. 24, Ch. 367, L. 2017.
History: En. Sec. 8, Ch. 448, L. 1997.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 2. Funding › 10-4-201. Fees imposed for 9-1-1 services

10-4-201. Fees imposed for 9-1-1 services.
(1) Except as provided in 10-4-202 [and for the purpose of 10-4-304(5)]:
(a) for 9-1-1 services, which do not include prepaid wireless services included in subsection (1)(c), a fee of 75 cents a month per access line on each subscriber in the state is imposed for the administration of 9-1-1 programs in accordance with 10-4-305;
(b) a fee of 25 cents a month per access line on each subscriber as defined in 10-4-101(21)(a) in the state is imposed for the grants provided in accordance with 10-4-306; and
(c) for prepaid wireless 9-1-1 services, a fee of $1 per transaction in the state is imposed on charges for prepaid wireless services.
(2) The subscriber paying for an access line or prepaid wireless service is liable for the fees imposed by this section.
(3) (a) Except as provided in subsection (3)(b), the provider shall collect the fees. The amount of the fees collected by the provider is considered payment by the subscriber for that amount of fees.
(b) For the purposes of collecting the fee imposed in subsection (1)(c), the seller shall collect the fee in accordance with this chapter. The amount of the fees collected by the seller is considered payment by the subscriber for that amount of fees.
(4) Any return made by the provider or seller collecting the fees is prima facie evidence of payments by the subscribers of the amount of fees indicated on the return. (Bracketed language in subsection (1) terminates July 1, 2031--sec. 8, Ch. 200, L. 2021.)
History: En. Sec. 9, Ch. 635, L. 1985; amd. Sec. 9, Ch. 448, L. 1997; amd. Sec. 5, Ch. 304, L. 2007; amd. Sec. 18, Ch. 367, L. 2017; amd. Sec. 1, Ch. 200, L. 2021; amd. Sec. 5, Ch. 435, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 2. Funding › 10-4-202. Exemptions from fees imposed

10-4-202. Exemptions from fees imposed.
The fees imposed by 10-4-201 do not apply to:
(1) services that the state is prohibited from taxing under the constitution or laws of the United States or the constitution or laws of the state of Montana; or
(2) amounts paid by depositing coins in a public telephone.
History: En. Sec. 10, Ch. 635, L. 1985; amd. Sec. 10, Ch. 448, L. 1997.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 2. Funding › 10-4-203. Provider and seller required to maintain record of collections

10-4-203. Provider and seller required to maintain record of collections.
A provider or seller responsible for the collection of the fee imposed by 10-4-201 shall keep records, render statements, make returns, and comply with rules adopted by the department of revenue with respect to the fee. Whenever necessary in the judgment of the department of revenue, it may require the provider, seller, or subscriber, as defined in 10-4-101(21)(a), to make returns, render statements, or keep records sufficient to show whether there is liability for the fee.
History: En. Sec. 11, Ch. 635, L. 1985; amd. Sec. 6, Ch. 435, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 2. Funding › 10-4-204. Deadlines for filing returns

10-4-204. Deadlines for filing returns.
(1) The provider or seller collecting the fee under 10-4-201 shall file a return with the department of revenue on or before the last day of the month following the end of each calendar quarter, reporting the amount of fee due on access lines or the amount charged for the prepaid wireless fee during the quarter. Returns are subject to the penalty for false swearing provided in 45-7-202.
(2) When a return of the fee is required, the provider or seller required to make the return shall pay the fee due the department of revenue at the time fixed for filing the return.
(3) The provider or seller shall pay the fee based on the net amount billed for the access line fee or the amount charged for the prepaid wireless fee during the quarter.
(4) As used in this section, the "net amount billed for the access line fee" and the "amount charged for the prepaid wireless fee" equals the gross amount billed or charged for the service, less deductions made in accordance with 10-4-213(2), adjustments for uncollectible accounts, refunds, incorrect billings, and other appropriate adjustments.
History: En. Sec. 12, Ch. 635, L. 1985; amd. Sec. 19, Ch. 367, L. 2017; amd. Sec. 7, Ch. 435, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 2. Funding › 10-4-205. Refund to provider or seller for excess payment of fee

10-4-205. Refund to provider or seller for excess payment of fee.
If the amount paid by a provider or seller to the department of revenue exceeds the amount of fee owed, the department of revenue shall refund the amount of the excess payment, with interest on the excess payment at the rate of 0.5% a month or fraction of a month from the date of payment of the excess until the date of the refund. A refund may not be made to a provider or seller who fails to claim the refund within 5 years after the due date for filing of the return with respect to which the claim for refund relates.
History: En. Sec. 13, Ch. 635, L. 1985; amd. Sec. 1, Ch. 229, L. 1993; amd. Sec. 8, Ch. 435, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 2. Funding › 10-4-206. Credit for overpayment -- interest on overpayment

10-4-206. Credit for overpayment -- interest on overpayment.
(1) If the department of revenue determines that the amount of fee, penalty, or interest paid for any year is more than the amount due, the amount of the overpayment must be credited against any tax, penalty, or interest then due from the taxpayer and the balance refunded to the taxpayer or the taxpayer's successor through reorganization, merger, or consolidation or to the taxpayer's shareholders upon dissolution.
(2) Except as provided in subsection (3), interest is allowed on overpayments at the same rate as is charged on deficiency assessments from the due date of the return or from the date of overpayment, whichever date is later, to the date the department of revenue approves refunding or crediting of the overpayment.
(3) (a) Interest does not accrue during any period in which the processing of a claim for a refund is delayed more than 30 days by reason of failure of the taxpayer to furnish information requested by the department of revenue for the purpose of verifying the amount of the overpayment.
(b) Interest is not allowed:
(i) if the overpayment is refunded within 6 months from the date the return is due or from the date the return is filed, whichever is later; or
(ii) if the amount of interest is less than $1.
(c) Only a payment made incident to a bona fide and orderly discharge of actual tax liability or one reasonably assumed to be imposed by this chapter is considered an overpayment with respect to which interest is allowable.
History: En. Sec. 11, Ch. 676, L. 1991.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 2. Funding › 10-4-207. Statute of limitations

10-4-207. Statute of limitations.
(1) Except as provided in subsection (3), a deficiency may not be assessed or collected with respect to the year for which a return is filed unless the notice of the additional fee proposed to be assessed is mailed within 5 years from the date the return was filed. For purposes of this section, a return filed before the last day prescribed for filing is considered as filed on the last day. If the taxpayer, before the expiration of the period prescribed for assessment of the fee, consents in writing to an assessment after that time, the fee may be assessed at any time prior to the expiration of the period agreed upon.
(2) A refund or credit may not be allowed or paid with respect to the year for which a return is filed after 5 years from the last day prescribed for filing the return or after 1 year from the date of the overpayment, whichever period expires later, unless before the expiration of the period the taxpayer files a claim or the department of revenue determines the existence of the overpayment and approves the refund or credit. If the taxpayer has agreed in writing under the provisions of subsection (1) to extend the time within which the department of revenue may propose an additional assessment, the period within which a claim for refund or credit may be filed or a credit or refund allowed if no claim is filed is automatically extended.
(3) If a return is required to be filed and the taxpayer fails to file the return, the tax may be assessed or an action to collect the tax may be brought at any time. If a return is required to be filed and the taxpayer files a fraudulent return, the 5-year period provided for in subsection (1) does not begin until discovery of the fraud by the department of revenue.
History: En. Sec. 15, Ch. 676, L. 1991.