reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 6. Continuity of Government › 10-3-601. Citation of part

10-3-601. Citation of part.
This part may be cited as "The Continuity in Government Act".
History: En. Sec. 1, Ch. 268, L. 1967; amd. Sec. 46, Ch. 100, L. 1973; R.C.M. 1947, 82-3801; amd. Sec. 11, Ch. 430, L. 1983.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 6. Continuity of Government › 10-3-602. Filling vacancy in governorship

10-3-602. Filling vacancy in governorship.
Following an enemy attack, the line of succession to the office of governor shall be extended as provided in Title 2, chapter 16, part 5.
History: En. Sec. 2, Ch. 268, L. 1967; amd. Sec. 47, Ch. 100, L. 1973; R.C.M. 1947, 82-3802; amd. Sec. 6, Ch. 142, L. 1979.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 6. Continuity of Government › 10-3-603. Filling vacancy in boards of county commissioners

10-3-603. Filling vacancy in boards of county commissioners.
In case of a vacancy on any board of county commissioners occurring during or following an enemy attack, if the judge or judges of the judicial district in which the vacancy occurs be not available to make the appointment then the district judges of all other judicial districts shall be authorized to make such appointment. Provided, however, that of the available judges in the state of Montana that judge who holds court in the county seat closest to the county seat where the vacancy occurs shall be responsible for making the appointment to fill the vacancy.
History: En. Sec. 3, Ch. 268, L. 1967; amd. Sec. 48, Ch. 100, L. 1973; R.C.M. 1947, 82-3803.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 6. Continuity of Government › 10-3-604. Filling vacancy in city or town governing bodies

10-3-604. Filling vacancy in city or town governing bodies.
In the event that no members of a city or town council or commission are available following an enemy attack then the board of county commissioners of the county in which such city or town is located shall appoint successors to act in place of the unavailable members.
History: En. Sec. 4, Ch. 268, L. 1967; R.C.M. 1947, 82-3804.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 6. Continuity of Government › 10-3-605. Filling vacancy for city or town executive

10-3-605. Filling vacancy for city or town executive.
If the executive head of any city or town is unavailable following an enemy attack to exercise the powers and discharge the duties of office, then those members of the city or town council or commission available shall, by majority vote, choose a successor to act as the executive head of the city or town.
History: En. Sec. 5, Ch. 268, L. 1967; R.C.M. 1947, 82-3805; amd. Sec. 26, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 6. Continuity of Government › 10-3-606. Quorum requirement

10-3-606. Quorum requirement.
If, following an enemy attack, the legislature or any state or local government council, board, or commission is unable to assemble a quorum as defined by the constitution of Montana or by statute, then those legislators or members of the council, board, or commission available for duty shall constitute the legislature, board, or commission and quorum requirements shall be suspended. Where the affirmative vote of a specified proportion of members for the approval of any action would otherwise be required, the same proportion of those voting thereon shall be sufficient.
History: En. Sec. 6, Ch. 268, L. 1967; R.C.M. 1947, 82-3806.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 6. Continuity of Government › 10-3-607. Relocating seat of state government

10-3-607. Relocating seat of state government.
If the seat of state government at Helena is rendered unsuitable for use in that capacity, the seat of state government may be moved to an alternate location within the boundaries of the state of Montana by proclamation of the governor. The governor shall consider other Montana cities in order of their population in the last federal census, giving consideration to available communications, office space, and other factors considered pertinent. The move of the seat of government is effective until it is again moved by proclamation of the governor or action by the legislature.
History: En. Sec. 7, Ch. 268, L. 1967; R.C.M. 1947, 82-3807; amd. Sec. 12, Ch. 430, L. 1983; amd. Sec. 27, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 6. Continuity of Government › 10-3-608. Relocating seat of local government

10-3-608. Relocating seat of local government.
Following an enemy attack in which the seat of local government of any political subdivision of the state shall have been rendered unsuitable for use in that capacity, in the opinion of the governing body of that political subdivision, such seat of government may be moved by said governing body to such other location as it deems most suitable.
History: En. Sec. 8, Ch. 268, L. 1967; R.C.M. 1947, 82-3808.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 6. Continuity of Government › 10-3-609. Part inoperative upon convening of legislature

10-3-609. Part inoperative upon convening of legislature.
The provisions of this part shall become inoperative at the time of the convening of the first legislature following the emergency which originally made such provisions operative.
History: En. Sec. 9, Ch. 268, L. 1967; R.C.M. 1947, 82-3809.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 7. Tactical Incident Assistance › 10-3-701. Short title

10-3-701. Short title.
This part may be cited as the "Tactical Incident Assistance Act".
History: En. Sec. 1, Ch. 455, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 7. Tactical Incident Assistance › 10-3-702. Definitions

10-3-702. Definitions.
As used in this part, the following definitions apply:
(1) "Jurisdiction" means the jurisdiction of any law enforcement agency within Montana.
(2) "Tactical incident" means any situation in which it is reasonable to expect the possibility of the loss of life or the taking of a hostage unless extraordinary steps are taken. These situations may include but are not limited to:
(a) a barricaded person with a gun;
(b) a person taken hostage;
(c) arrests in extraordinary circumstances;
(d) civil disorder;
(e) terrorist activity;
(f) protection of a dignitary; and
(g) courtroom security in extraordinary circumstances.
(3) "Tactical team" means a small group of highly disciplined law enforcement officers trained to provide a quick and ready response to high-risk conditions and situations that go beyond the capabilities of normally trained and equipped officers. With specialized training, tactics, and equipment, this small group of officers provides a greater expectation of resolving incidents without loss of property, injury, or loss of life.
History: En. Sec. 2, Ch. 455, L. 1989; amd. Sec. 28, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 7. Tactical Incident Assistance › 10-3-703. Tactical team aiding another jurisdiction

10-3-703. Tactical team aiding another jurisdiction.
(1) If a tactical incident exceeds the capability of a local law enforcement agency, the agency administrator may request the assistance of a tactical team from another jurisdiction.
(2) A tactical team called to another jurisdiction has peace officer status in that jurisdiction under the authority of the requesting agency.
History: En. Sec. 3, Ch. 455, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 7. Tactical Incident Assistance › 10-3-704. Local agency to contact national guard

10-3-704. Local agency to contact national guard.
(1) If a tactical incident exceeds the capability of a local law enforcement agency, the agency administrator may call the national guard staff duty office for assistance as provided in 10-3-705.
(2) The national guard staff duty officer shall inform the governor of the request.
History: En. Sec. 4, Ch. 455, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 7. Tactical Incident Assistance › 10-3-705. Tactical incident -- national guard assistance

10-3-705. Tactical incident -- national guard assistance.
(1) Upon request by a local law enforcement agency administrator, the governor may order the national guard to provide transportation services and the use of national guard equipment to the requesting agency tactical team or to tactical teams that are providing assistance to the requesting agency during a tactical incident.
(2) This section does not give the national guard the status or authority of peace officers.
History: En. Sec. 5, Ch. 455, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 8. Search and Rescue -- Civil Air Patrol › 10-3-802. Grants -- civil air patrol -- reporting requirements

10-3-802. (Temporary) Grants -- civil air patrol -- reporting requirements.
(1) The department of military affairs shall distribute grants to the Montana civil air patrol on an annual basis.
(2) The amount of $45,000 is statutorily appropriated on an annual basis, as provided in 17-7-502, from the general fund to the department of military affairs for the purposes outlined in subsection (1).
(3) The department of military affairs shall report to the house appropriations committee at each legislative session and to the state administration and veterans' affairs interim committee in accordance with 5-11-210 on the distribution of grants and the following metrics:
(a) the extent to which counties are informed of the services provided by the civil air patrol;
(b) the extent to which the civil air patrol is used by counties for search and rescue operations; and
(c) the amount of savings realized by counties who have used the civil air patrol for search and rescue operations. (Terminates June 30, 2031--sec. 2, Ch. 374, L. 2023.)
History: En. Sec. 1, Ch. 477, L. 2019; amd. Sec. 31, Ch. 261, L. 2021; amd. Sec. 1, Ch. 374, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 9. Intrastate Mutual Aid System › 10-3-901. Short title

10-3-901. Short title.
This part may be cited as the "Statewide Mutual Aid System Act".
History: En. Sec. 1, Ch. 354, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 9. Intrastate Mutual Aid System › 10-3-902. Policy -- purpose

10-3-902. Policy -- purpose.
(1) It is the policy of the state that:
(a) available resources should be made available whenever possible and practical to minimize the negative impacts of disasters and emergencies, regardless of the political jurisdiction in this state within which the disaster or emergency occurs and regardless of the political jurisdictions from which a request for assistance arises or from which or to which the resources are made available;
(b) agreements, either formal or informal, written or oral, between or among political subdivisions of this state, that exist or are entered into for the purpose of providing mutual aid in the event of a disaster or emergency should remain options for political subdivisions and should not be infringed upon or in any way affected by the provisions of this part; and
(c) in particular, the provisions of this part do not affect any mutual aid agreement, either formal or informal, written or oral, that is made or that may be made pursuant to Title 7, chapter 33, 10-3-209, or 10-3-703 or a request for assistance or aid or assistance or aid provided or received pursuant to Title 7, chapter 33, 10-3-209, or 10-3-703.
(2) It is the purpose of this part to:
(a) establish an effective and efficient mutual aid system in which a political jurisdiction can choose to participate that can operate separate from yet integrated with other freestanding mutual aid systems or agreements;
(b) provide to political jurisdictions in the state another option for establishing mutual aid agreements and for requesting, providing, and receiving mutual aid; and
(c) allow political jurisdictions maximum flexibility to protect life and property through mutual aid agreements.
History: En. Sec. 2, Ch. 354, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 9. Intrastate Mutual Aid System › 10-3-903. Statewide mutual aid system -- definitions

10-3-903. Statewide mutual aid system -- definitions.
As used in this part, the following definitions apply:
(1) "Committee" means the Montana intrastate mutual aid committee created in 10-3-904.
(2) "Disaster" has the meaning provided in 10-3-103.
(3) "Emergency" has the meaning provided in 10-3-103.
(4) "Member jurisdiction" means the state of Montana or a political subdivision or a federally recognized Indian tribe that participates in the system.
(5) "System" means the Montana intrastate mutual aid system provided for in 10-3-906.
History: En. Sec. 3, Ch. 354, L. 2005; amd. Sec. 1, Ch. 43, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 9. Intrastate Mutual Aid System › 10-3-904. Montana intrastate mutual aid committee -- members -- officers -- meetings -- compensation

10-3-904. Montana intrastate mutual aid committee -- members -- officers -- meetings -- compensation.
(1) There is a Montana intrastate mutual aid committee.
(2) All members of the committee must be appointed by and serve at the pleasure of the division as established in 10-3-105.
(3) The committee shall elect from among its members a presiding officer, a vice presiding officer, and any other officers considered necessary or advisable by the committee.
(4) The committee shall meet at least annually and may meet at the call of the presiding officer or as otherwise considered necessary or advisable by two-thirds of the members.
(5) Members of the committee are not entitled to compensation or to reimbursement for expenses incurred for serving on or participating in the activities of the committee. This subsection does not preclude a member jurisdiction from compensating or reimbursing the expenses of a committee member.
History: En. Sec. 4, Ch. 354, L. 2005; amd. Sec. 6, Ch. 243, L. 2023.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 9. Intrastate Mutual Aid System › 10-3-905. Montana intrastate mutual aid committee -- duties

10-3-905. Montana intrastate mutual aid committee -- duties.
The committee shall:
(1) review the progress and status of intrastate mutual aid;
(2) assist in developing methods to track and evaluate activation of the system;
(3) examine issues facing member jurisdictions in the implementation of intrastate mutual aid;
(4) develop, adopt, and disseminate comprehensive guidelines and procedures that address the following:
(a) projected or anticipated costs of establishing and maintaining the system;
(b) checklists for requesting and providing intrastate mutual aid assistance;
(c) recordkeeping for all member jurisdictions; and
(d) procedures for reimbursing the actual and legitimate expenses of a member jurisdiction that responds to a request for aid or assistance through the system; and
(5) adopt any other guidelines or procedures considered necessary by the committee to implement an effective and efficient system.
History: En. Sec. 5, Ch. 354, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 9. Intrastate Mutual Aid System › 10-3-906. Intrastate mutual aid system -- initial participation -- withdrawing

10-3-906. Intrastate mutual aid system -- initial participation -- withdrawing.
(1) There is a Montana intrastate mutual aid system. The system is composed of and may be described as:
(a) the member jurisdictions and any action taken by a member jurisdiction pursuant to this part;
(b) the committee and any action taken by the committee pursuant to this part;
(c) the guidelines and procedures described in 10-3-905(4);
(d) any action taken with respect to requesting assistance for an emergency or disaster under this part; and
(e) any action taken with respect to responding to a request for assistance for an emergency or disaster under this part.
(2) Except as provided in subsection (4), every political subdivision of the state is part of the system.
(3) A federally recognized Indian tribe that is located within the boundaries of the state may be a member jurisdiction upon:
(a) adoption by the tribal government of a resolution declaring the tribe's desire to be a member jurisdiction; and
(b) receipt by the division, as defined in 10-3-103, of a copy of the resolution.
(4) A member jurisdiction may elect not to participate or to withdraw from the system upon:
(a) adopting a resolution or ordinance declaring that the member jurisdiction elects not to participate in the system; and
(b) receipt by the division, as defined in 10-3-103, of a copy of the resolution.
(5) This section does not preclude a member jurisdiction from entering into any other agreement with another political subdivision and does not affect any other agreement to which a political subdivision is a party or may become a party.
History: En. Sec. 6, Ch. 354, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 9. Intrastate Mutual Aid System › 10-3-907. Intrastate mutual aid system -- request for assistance

10-3-907. Intrastate mutual aid system -- request for assistance.
(1) A member jurisdiction may request assistance from another member jurisdiction:
(a) to prevent, mitigate, respond to, or recover from an emergency or disaster; or
(b) in concert with drills or exercises between member jurisdictions.
(2) A request for assistance must be made by or through the presiding officer of the governing body of the member jurisdiction or the chief executive officer or the chief executive officer's designee of a member jurisdiction. A request may be verbal or in writing and is not required to go directly to the division, as defined in 10-3-103. If a request is verbal, the request must be confirmed in writing within 30 days of the date on which the request was made.
History: En. Sec. 7, Ch. 354, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 9. Intrastate Mutual Aid System › 10-3-908. Intrastate mutual aid system -- limitation on assistance -- command and control

10-3-908. Intrastate mutual aid system -- limitation on assistance -- command and control.
A member jurisdiction's obligation to provide assistance to prevent, respond to, or recover from an emergency or disaster or in drills or exercises is subject to the following conditions:
(1) A member jurisdiction that responds to a request for assistance from a requesting member jurisdiction may withhold resources to the extent necessary to provide reasonable protection and services for the responding jurisdiction.
(2) The personnel of a responding member jurisdiction are under:
(a) the command control of the responding jurisdiction for purposes that include medical protocols, standard operating procedures, and other protocols; and
(b) the operational control of the appropriate officials of the member jurisdiction receiving the assistance.
(3) The assets and equipment of a responding member jurisdiction are under:
(a) the command control of the responding jurisdiction; and
(b) the operational control of the appropriate officials of the member jurisdiction receiving the assistance.
History: En. Sec. 8, Ch. 354, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 9. Intrastate Mutual Aid System › 10-3-909. Intrastate mutual aid system -- portability of bona fides

10-3-909. Intrastate mutual aid system -- portability of bona fides.
If a person or entity holds a license, certificate, permit, or similar documentation that evidences the person's or entity's qualifications in a professional, mechanical, or other skill and the assistance of the person or entity is requested by a member jurisdiction, the person or entity is:
(1) considered to be licensed, certified, permitted, or otherwise documented in the member jurisdiction that requests assistance for the duration of the emergency or disaster or of the drills or exercises; and
(2) subject to any legal limitations or conditions prescribed by the governing body or chief executive of the member jurisdiction that receives the assistance.
History: En. Sec. 9, Ch. 354, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 9. Intrastate Mutual Aid System › 10-3-910. Intrastate mutual aid system -- reimbursement -- dispute resolution

10-3-910. Intrastate mutual aid system -- reimbursement -- dispute resolution.
(1) A requesting member jurisdiction shall reimburse each member jurisdiction that responds to a request for aid or assistance and renders aid under the system unless the member jurisdiction rendering aid donates all or a portion of the cost of the assistance to the requesting member jurisdiction.
(2) A request for reimbursement must be in accordance with procedures developed by the committee.
(3) If a dispute regarding reimbursement arises between a party that requested assistance under the system and a party that provided assistance under the system, the involved parties shall make every effort to resolve the dispute within 30 days of written notice of the dispute given by the party asserting noncompliance to the other party.
(4) (a) If the dispute is not resolved within 90 days from the date of the notice, either party may request that the dispute be resolved through arbitration.
(b) All arbitration occurring under this section must be conducted pursuant to the commercial arbitration rules and mediation procedures of the American arbitration association as the rules and procedures exist on the date of notification described in subsection (3).
History: En. Sec. 10, Ch. 354, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 9. Intrastate Mutual Aid System › 10-3-911. Intrastate mutual aid system -- workers' compensation coverage

10-3-911. Intrastate mutual aid system -- workers' compensation coverage.
(1) If a person is an employee of a member jurisdiction that responds to a request for assistance from a member jurisdiction and the person sustains injury in the course of providing the requested assistance, the person is entitled to all applicable benefits, including workers' compensation benefits, normally available to the person as an employee of the member jurisdiction that employs the person.
(2) If the person's injury results in the person's death, the person's estate must receive any additional state and federal benefits that may be available for death in the line of duty.
History: En. Sec. 11, Ch. 354, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 9. Intrastate Mutual Aid System › 10-3-912. Liability -- immunity

10-3-912. Liability -- immunity.
(1) All activities performed pursuant to a request for assistance as provided for in this part are considered to be governmental functions.
(2) Except as provided in 10-3-911, a person responding to a request for assistance who is under the operational control of the requesting member jurisdiction, as provided for in 10-3-908, is considered for the purposes of liability to be an employee of the requesting member jurisdiction.
(3) Except in the case of willful misconduct, gross negligence, or bad faith, the member jurisdiction or an employee of the member jurisdiction is immune from liability for the death of or injury to any person or for damage to property if the member jurisdiction or the employee of the member jurisdiction is complying with or attempting to comply with the system.
History: En. Sec. 12, Ch. 354, L. 2005.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 10. Emergency Management Assistance Compact › 10-3-1002. Compact administrator

10-3-1002. Compact administrator.
The administrator of the disaster and emergency services division of the department of military affairs is the administrator of the compact provided for in 10-3-1001.
History: En. Sec. 2, Ch. 175, L. 1999.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 10. Emergency Management Assistance Compact › 10-3-1003. Supplementary agreements

10-3-1003. Supplementary agreements.
The compact administrator provided for in 10-3-1002 may enter into agreements with other officials in other states, as provided in Article VII of this compact, and in Montana that are necessary to implement the compact.
History: En. Sec. 3, Ch. 175, L. 1999.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 11. Interstate Emergency Services › 10-3-1101. Short title

10-3-1101. Short title.
This part shall be known and may be cited as the "Interstate Emergency Services Mutual Aid Act".
History: En. Sec. 1, Ch. 5, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 11. Interstate Emergency Services › 10-3-1102. Purpose

10-3-1102. Purpose.
It is the purpose of this part to permit one or more fire protection services, emergency medical care providers, or local government subdivisions of this state to enter into mutual aid agreements, on the basis of mutual advantage, with one or more fire protection services, emergency medical care providers, or local government subdivisions of any other state or the United States in order to facilitate and coordinate efficient, cooperative efforts directed toward protection of life and property in areas transcending state boundaries that, due to geographic remoteness, population sparsity, and economic or other factors, are in need of those services.
History: En. Sec. 2, Ch. 5, L. 1989; amd. Sec. 7, Ch. 292, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 11. Interstate Emergency Services › 10-3-1103. Definitions

10-3-1103. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Emergency medical care provider" means a local government subdivision or other entity, whether public or private, licensed by the state to provide emergency medical services pursuant to Title 50, chapter 6.
(2) "Fire protection service" means a governmental fire agency organized under Title 7, chapter 33, or another fire suppression entity organized under the laws of this state, any other state, or an agency of the government of the United States.
(3) "Local government subdivision" means the local governmental entity, other than state government, including but not limited to incorporated towns and cities, townships, and counties.
(4) "Mutual aid agreement" or "agreement" means an agreement, consistent with the purposes of this part, by one or more fire protection services, emergency medical care providers, or local government subdivisions of this state with one or more fire protection services, emergency medical care providers, or local government subdivisions of any other state or the United States.
(5) "Party emergency service" means a fire protection service, emergency medical care provider, local government subdivision, or agency of the United States that is a party to a mutual aid agreement as provided in this part.
History: En. Sec. 3, Ch. 5, L. 1989; amd. Sec. 8, Ch. 292, L. 2007.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 11. Interstate Emergency Services › 10-3-1104. Authorization to enter agreement -- general content -- authority

10-3-1104. Authorization to enter agreement -- general content -- authority.
(1) Any one or more fire protection services, emergency medical care providers, or local government subdivisions of this state may enter into a mutual aid agreement with any one or more fire protection services, emergency medical care providers, or local government subdivisions of any other state or the United States to provide emergency services to the area covered by the agreement. The agreement must be authorized and approved by the governing body of each party to the agreement that is not an agency of the United States government.
(2) The agreement must fully set forth the powers, rights, and obligations of the parties to the agreement.
(3) A mutual aid agreement grants a fire protection service or emergency medical care provider of this state authority to operate outside of the state and grants authority for a fire protection service or emergency medical care provider of another state or the United States to operate within this state as if the fire service or emergency medical care provider were organized and operated under the laws of this state.
History: En. Sec. 4, Ch. 5, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 11. Interstate Emergency Services › 10-3-1105. Detailed content of agreement

10-3-1105. Detailed content of agreement.
The agreement authorized by 10-3-1104 must specify the following:
(1) the purpose of the agreement;
(2) the precise organization, composition, and nature of any separate legal entity created by the agreement;
(3) the duration of the agreement;
(4) the manner of financing the agreement and establishing and maintaining a budget therefor;
(5) a provision for administering the agreement, which may include creation of a joint board responsible for such administration;
(6) the exact chain of command or delegation of authority to be followed by party emergency services acting under the provisions of the agreement;
(7) the manner of acquiring, holding, and disposing of real and personal property used in the agreement; and
(8) the method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination.
History: En. Sec. 5, Ch. 5, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 11. Interstate Emergency Services › 10-3-1106. Submission of agreement to attorney general

10-3-1106. Submission of agreement to attorney general.
(1) As a condition precedent to an agreement becoming effective under this part, the agreement must be submitted to and receive the approval of the state attorney general.
(2) The attorney general shall approve an agreement submitted under this part unless the attorney general finds that it is not in proper form, does not meet the requirements set forth in this part, or otherwise does not conform to the laws of Montana. If an agreement is disapproved, the attorney general shall provide a detailed, written statement to the appropriate governing bodies of the fire protection services, emergency medical care providers, and local government subdivisions.
(3) If the attorney general does not disapprove an agreement within 60 days after its submission, it is considered approved.
History: En. Sec. 9, Ch. 5, L. 1989; amd. Sec. 29, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 11. Interstate Emergency Services › 10-3-1107. Filing of agreement

10-3-1107. Filing of agreement.
Within 20 days after approval by the attorney general, an agreement made pursuant to this part must be filed in the office of:
(1) each clerk and recorder of each county of this state where the principal office of one of the parties to the agreement is located; and
(2) the secretary of state.
History: En. Sec. 10, Ch. 5, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 11. Interstate Emergency Services › 10-3-1111. Agreement not to relieve agency of duties

10-3-1111. Agreement not to relieve agency of duties.
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 created by a mutual aid agreement may be offered in satisfaction of the duty.
History: En. Sec. 7, Ch. 5, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 11. Interstate Emergency Services › 10-3-1112. Limitation of powers

10-3-1112. Limitation of powers.
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.
History: En. Sec. 8, Ch. 5, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 11. Interstate Emergency Services › 10-3-1113. Right of state in actions involving agreements

10-3-1113. Right of state in actions involving agreements.
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 protection services, emergency medical care providers, or local government subdivisions of another state or of the United States, the parties to the agreement are the real parties in interest. This state may maintain an action against any fire protection service, emergency medical care provider, or local government subdivision whose default, failure, performance, or other conduct caused or contributed to a liability incurred by the state.
History: En. Sec. 6, Ch. 5, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 11. Interstate Emergency Services › 10-3-1114. Effect of other law

10-3-1114. Effect of other law.
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.
History: En. Sec. 12, Ch. 5, L. 1989.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 11. Interstate Emergency Services › 10-3-1115. Authorization to appropriate funds for purpose of agreement

10-3-1115. Authorization to appropriate funds for purpose of agreement.
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 personnel or services therefor as are within its authority to furnish.
History: En. Sec. 11, Ch. 5, L. 1989.
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 › 10-3-1201. Short title

10-3-1201. Short title.
This part may be cited as the "Montana Response to Hazardous Material Incidents Act".
History: En. Sec. 1, Ch. 270, L. 1995.
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 › 10-3-1202. Purpose

10-3-1202. Purpose.
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 hazardous material incident;
(3) provide for the control and management of hazardous material incidents;
(4) provide for the cooperation of other state agencies and local governments in hazardous material incident management; and
(5) provide for the formulation of a comprehensive hazardous material response support plan.
History: En. Sec. 2, Ch. 270, L. 1995; amd. Sec. 7, 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 › 10-3-1207. Commission budget and expenditures

10-3-1207. Commission budget and expenditures.
(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 hazardous material emergency response plan development, local hazardous material incident response teams, and regional hazardous material incident response teams under eligible federal grants; and
(b) any remaining funds to be used at the discretion of the commission for programs related to the plan.
History: En. Sec. 5, Ch. 270, L. 1995; amd. Sec. 10, 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 › 10-3-1208. Local emergency response authorities -- designation

10-3-1208. Local emergency response authorities -- designation.
(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 compliance with 29 CFR 1910.120(q), as amended.
(3) An incorporated city may, with the mutual consent of the county, designate the county as its local emergency response authority and participate in the local emergency operations plan for incident response.
(4) If a hazardous material incident occurs in an area in which local emergency response authority has not been designated, the presiding officer of the board of county commissioners must be the local emergency response authority for the incident for the purposes of this part.
History: En. Sec. 6, Ch. 270, L. 1995; amd. Sec. 11, 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 › 10-3-1209. Local emergency response authorities -- powers and duties

10-3-1209. Local emergency response authorities -- powers and duties.
(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 material incident that initially occurs within its jurisdiction but spreads to another jurisdiction. If a hazardous material incident occurs on a boundary between two jurisdictions or in an area where the jurisdiction is not readily ascertainable, the first local emergency response authority to arrive at the scene of the hazardous material incident shall perform the initial emergency response duties.
(2) Each local emergency response authority shall identify in writing its incident management system and identify the individual who will be the incident commander.
(3) The incident commander shall declare that the emergency situation associated with an incident has ended when the acute threat to public health and safety or to the environment has been sufficiently addressed.
History: En. Sec. 7, Ch. 270, L. 1995; amd. Sec. 12, 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 › 10-3-1210. Controlling provisions for state of emergency -- liability of responsible persons

10-3-1210. Controlling provisions for state of emergency -- liability of responsible persons.
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.
History: En. Sec. 8, Ch. 270, L. 1995; amd. Sec. 12, Ch. 504, L. 2021; amd. Sec. 13, 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 › 10-3-1211. Notification of release

10-3-1211. Notification of release.
(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 release, notify the division of the release.
(2) The division shall notify the commission of releases or threatened releases as defined in the plan.
(3) The division shall immediately notify the department of environmental quality of any release reported and who will respond according to the plan.
(4) Any person who does not make notification in accordance with the provisions of this section is liable for a civil penalty not to exceed $10,000 for each day the violation continues to a maximum of $100,000. These penalties are in addition to any other penalties imposed by law. All penalties collected must be deposited in the environmental contingency account provided for in 75-1-1101.
(5) Compliance with the reporting requirements of this section does not relieve any person of the obligation to report the same incident under any other applicable state or federal law, regulation, or other requirement.
History: En. Sec. 9, Ch. 270, L. 1995.
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 › 10-3-1214. Right to reimbursement

10-3-1214. Right to reimbursement.
(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 a part of the hazardous material incident response team and is not liable under federal or state law may submit a claim to the commission for costs if the claim is associated with a request by the hazardous material incident response team or the commission.
(3) Claims for reimbursement must be submitted to the commission within 60 days after termination of the response to the incident for the state's determination of payment, if any.
(4) Reimbursement may be made only after the commission finds that the actions by the applicant were taken in response to an incident as defined in this part and only if adequate funds are available.
History: En. Sec. 10, Ch. 270, L. 1995; amd. Sec. 14, 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 › 10-3-1215. Deficiency warrants for reimbursement of response costs

10-3-1215. Deficiency warrants for reimbursement of response costs.
(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 provided for in 75-1-1101 to the limit of the fund balance for the purpose of reimbursing reasonable and documented costs associated with emergency actions taken pursuant to this part.
(b) The costs of routine firefighting procedures are not reimbursable costs under this part.
(2) Reimbursement must be in accordance with the schedule defined in the plan.
(3) The decision of the governor is final and nonappealable.
(4) This section may not be construed to change or impair any right of recovery or subrogation arising under any other provision of law.
History: En. Sec. 11, Ch. 270, L. 1995.