reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4111. Tax levy for volunteer fire departments -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage

7-33-4111. Tax levy for volunteer fire departments -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage.
(1) For the purpose of supporting volunteer fire departments in any city or town that does not have a paid fire department and for the purpose of purchasing the necessary equipment for them, the council in any city or town may, subject to 15-10-420, levy, in addition to other levies permitted by law, a tax on the taxable value of all taxable property in the city or town.
(2) Subject to 15-10-425, a city or town may levy a tax on the taxable value of all taxable property in the city or town for the purpose of purchasing disability income insurance coverage or workers' compensation coverage for volunteer firefighters of volunteer fire departments as provided in 7-6-621.
History: En. Sec. 1, Ch. 26, L. 1927; re-en. Sec. 5116.1, R.C.M. 1935; amd. Sec. 26, Ch. 566, L. 1977; R.C.M. 1947, 11-1909; amd. Sec. 1, Ch. 546, L. 1983; amd. Sec. 72, Ch. 584, L. 1999; amd. Sec. 80, Ch. 574, L. 2001; amd. Sec. 6, Ch. 485, L. 2007; amd. Sec. 6, Ch. 255, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4112. Mutual aid agreements -- request if no agreement exists -- definitions

7-33-4112. Mutual aid agreements -- request if no agreement exists -- definitions.
(1) A mutual aid agreement is an agreement for protection against disasters, incidents, or emergencies.
(2) Councils or commissions of incorporated municipalities may enter mutual aid agreements with the proper authority of:
(a) other incorporated municipalities;
(b) fire districts;
(c) unincorporated municipalities;
(d) state agencies;
(e) private fire prevention agencies;
(f) federal agencies;
(g) fire service areas;
(h) the governing body of other political subdivisions; or
(i) governing bodies of fire protection services, emergency medical care providers, and local government subdivisions of any other state or the United States pursuant to Title 10, chapter 3, part 11.
(3) If the council or commission has not concluded a mutual aid agreement, the council or commission, a representative of the council or commission, or an incident commander may request assistance pursuant to 10-3-209.
(4) As used in this section, the terms "disasters", "emergencies", or "incidents" have the meanings provided in 10-3-103.
History: En. Sec. 1, p. 73, L. 1899; re-en. Sec. 3326, Rev. C. 1907; re-en. Sec. 5109, R.C.M. 1921; re-en. Sec. 5109, R.C.M. 1935; amd. Sec. 1, Ch. 4, L. 1937; amd. Sec. 1, Ch. 97, L. 1947; amd. Sec. 1, Ch. 151, L. 1947; amd. Sec. 1, Ch. 73, L. 1949; amd. Sec. 3, Ch. 2, L. 1965; R.C.M. 1947, 11-1901(b); amd. Sec. 3, Ch. 149, L. 1993; amd. Sec. 6, Ch. 46, L. 1997; amd. Sec. 4, Ch. 292, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4113. Personnel of fire department not considered municipal officers

7-33-4113. Personnel of fire department not considered municipal officers.
The chief of the fire department, the assistant chief or chiefs of the fire department, and the firefighters shall not be deemed officers of the municipal corporation in which such fire department is established.
History: En. Sec. 2, p. 73, L. 1899; re-en. Sec. 3327, Rev. C. 1907; amd. Sec. 1, Ch. 46, L. 1911; re-en. Sec. 5110, R.C.M. 1921; re-en. Sec. 5110, R.C.M. 1935; amd. Sec. 2, Ch. 151, L. 1947; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-1902(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4114. Limitation on liability for delays by persons authorized to receive and transmit fire reports

7-33-4114. Limitation on liability for delays by persons authorized to receive and transmit fire reports.
No person, corporation, partnership, or association which is authorized by any city, town, village, or district fire department or by any volunteer fire company to receive any report of fire or which agrees to receive and transmit such report to such fire department or volunteer fire company shall be liable in any civil action for damage to property or persons, including death, caused by delay in reporting or failure to report such fire unless such delay or failure is the result of the gross negligence of such person, corporation, partnership, or association.
History: En. Sec. 1, Ch. 42, L. 1955; R.C.M. 1947, 11-1941.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4115. Municipal fire protection through rural fire district -- election -- transition -- governance

7-33-4115. Municipal fire protection through rural fire district -- election -- transition -- governance.
(1) Upon an affirmative vote of the governing body of a city of the second class and the governing body of a rural fire district, the municipal governing body may, after providing public notice and holding a public hearing, submit to the electors of the municipality the question of annexing to the rural fire district for the provision of fire protection services and dissolving the municipal fire department if one exists. Subject to the provisions of this section, a municipality may annex to a rural fire district for the provision of fire protection services upon an affirmative vote of a simple majority of those voting on the question in the municipality.
(2) Within 14 days after the date on which the governing bodies vote to propose the annexation, notice of the proposal must be published as provided in 7-1-4127. A public hearing must be held before the municipal governing body.
(3) At the time the governing bodies vote to propose the annexation, the governing bodies shall also adopt a plan for dissolution of the municipal fire department if one exists and assumption of fire protection services by the rural fire district. The plan must include:
(a) a timetable for annexation;
(b) a map of the boundaries of the rural fire district after annexation occurs;
(c) the estimated financial impact of the annexation on the average taxpayer in the proposed district; and
(d) the process for disposition of paid municipal fire department staff and the transfer to the rural fire district of municipal fire department equipment, facilities, finances, and any warrant or bonded indebtedness.
(4) The rural fire district must be governed under the provisions of Title 7, chapter 33, part 21. Residents of the municipality are eligible to serve on the rural fire district's board of trustees.
(5) If there is not an affirmative vote of a simple majority of those voting on annexation to the rural fire district and dissolution of an existing municipal fire department, the existing municipal fire department, subject to 7-33-4101, remains intact and is subject to the provisions of this part.
(6) If the population of a second-class city classified under the provisions of 7-1-4111 or 7-1-4112 increases to the level that would require the city to be classified as a first-class city and the city has been annexed to a rural fire district under the provisions of this section, the city may remain part of the rural fire district upon adoption of a resolution by the city governing body.
History: En. Sec. 1, Ch. 74, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4121. Rules governing employment in fire departments

7-33-4121. Rules governing employment in fire departments.
The city councils or commissioners of cities of the first and second class shall have power to establish and promulgate rules governing the employment of the members or employees of their respective fire departments.
History: En. Sec. 2, Ch. 91, L. 1917; re-en. Sec. 5139, R.C.M. 1921; re-en. Sec. 5139, R.C.M. 1935; R.C.M. 1947, 11-1939.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4122. Term of appointment of firefighters -- probationary period

7-33-4122. Term of appointment of firefighters -- probationary period.
Each appointment shall be first made for a probationary term of 6 months, and thereafter the mayor or manager may nominate and, with the consent of the council or commission, appoint such chief and assistant chief or chiefs of the fire department and firefighters, who shall thereafter hold their respective appointments during good behavior and while they have the physical ability to perform their duties.
History: En. Sec. 2, p. 73, L. 1899; re-en. Sec. 3327, Rev. C. 1907; amd. Sec. 1, Ch. 46, L. 1911; re-en. Sec. 5110, R.C.M. 1921; re-en. Sec. 5110, R.C.M. 1935; amd. Sec. 2, Ch. 151, L. 1947; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-1902(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4123. Authority to suspend firefighters

7-33-4123. Authority to suspend firefighters.
(1) The mayor or manager may suspend the chief and assistant or any firefighter of the fire department for neglect of duty or a violation of any of the rules of the fire department.
(2) The chief of the fire department may suspend the assistant chief of the fire department or any firefighter for like cause.
(3) The assistant chief of the fire department may suspend any firefighter for a like cause.
History: En. Sec. 3, p. 74, L. 1899; re-en. Sec. 3328, Rev. C. 1907; re-en. Sec. 5111, R.C.M. 1921; re-en. Sec. 5111, R.C.M. 1935; amd. Secs. 3 and 4, Ch. 151, L. 1947; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-1903(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4124. Suspension procedure

7-33-4124. Suspension procedure.
(1) In any case in which a member of the municipal fire department is suspended from duty, the person suspended must be furnished with a copy of the charge, in writing, setting forth the reasons for the suspension. Subject to subsection (2), the suspended member of the fire department may request in writing that the charges be presented to the council or commission for a hearing. The hearing must be held within 30 days of the request. The suspended member may invoke the right of privacy to request a closed hearing. At the hearing, the suspended member of the fire department may appear in person or by counsel and provide a defense against the charges.
(2) If the suspended member of the fire department does not request a hearing by the council or commission within 5 business days of receiving the suspension charge, the suspended member forfeits the option of requesting a hearing by the council or commission.
(3) If the charges are not presented before the council or commission within 30 days of the request for a hearing or if the council or commission determines the charges to be unfounded, the suspended person must be reinstated and is entitled to the person's usual compensation for the time of the suspension.
(4) If the charges are proven by the council or commission, the council or commission, by a vote of a majority of the whole council or commission, may impose a penalty commensurate to its determination of what the offense warrants, including either the continuation of the suspension for a limited time or the removal of the suspended person from the fire department.
History: En. Sec. 3, p. 74, L. 1899; re-en. Sec. 3328, Rev. C. 1907; re-en. Sec. 5111, R.C.M. 1921; re-en. Sec. 5111, R.C.M. 1935; amd. Secs. 3 and 4, Ch. 151, L. 1947; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-1903(part); amd. Sec. 727, Ch. 61, L. 2007; amd. Sec. 1, Ch. 281, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4125. Reduction and subsequent increase in number of firefighters based on seniority

7-33-4125. Reduction and subsequent increase in number of firefighters based on seniority.
(1) If the council at any time reduces the number of firefighters in the fire department, those most recently appointed must be selected for retirement from the fire department. The city or town clerk shall keep a list of the retired firefighters.
(2) If the number of firefighters is again increased by the council, the individuals on the list must be called into service, with the longest serving firefighters being first selected for service in the fire department.
History: En. Sec. 4, p. 74, L. 1899; re-en. Sec. 3329, Rev. C. 1907; re-en. Sec. 5112, R.C.M. 1921; re-en. Sec. 5112, R.C.M. 1935; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-1904; amd. Sec. 728, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4126. Repealed

7-33-4126. Repealed.
Sec. 5, Ch. 375, L. 1983.
History: Ap. p. Sec. 1, Ch. 15, L. 1937; Sec. 11-1931, R.C.M. 1947; Ap. p. Sec. 1, Ch. 136, L. 1939; Sec. 11-1934, R.C.M. 1947; R.C.M. 1947, 11-1931, 11-1934.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4127. Compensation of fire department personnel

7-33-4127. Compensation of fire department personnel.
The compensation of the chief of the fire department and assistant chiefs of the fire department and firefighters in cities and towns where the council or commission shall establish a paid fire department and the city electrician and assistant city electricians shall be fixed by ordinance.
History: En. Sec. 2, p. 73, L. 1899; re-en. Sec. 3327, Rev. C. 1907; amd. Sec. 1, Ch. 46, L. 1911; re-en. Sec. 5110, R.C.M. 1921; re-en. Sec. 5110, R.C.M. 1935; amd. Sec. 2, Ch. 151, L. 1947; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-1902(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4128. Minimum wages of firefighters in cities of first and second class

7-33-4128. Minimum wages of firefighters in cities of first and second class.
After July 1, 1976, there shall be paid to each duly appointed and confirmed member of the fire departments of cities or towns of the first and second class of the state a minimum wage for a daily service of 8 consecutive hours of work of at least $750 per month for the first year of service and thereafter at least $750 per month plus 1% of said minimum base monthly salary for each additional year of service.
History: En. Sec. 1, Ch. 293, L. 1947; amd. Sec. 1, Ch. 51, L. 1951; amd. Sec. 1, Ch. 62, L. 1957; amd. Sec. 1, Ch. 267, L. 1967; amd. Sec. 1, Ch. 342, L. 1969; amd. Sec. 1, Ch. 460, L. 1973; amd. Sec. 1, Ch. 324, L. 1975; Sec. 11-1932, R.C.M. 1947; redes. 41-2303.1 by Sec. 1, Ch. 448, L. 1977; R.C.M. 1947, 41-2303.1(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4129. Repealed

7-33-4129. Repealed.
Sec. 5, Ch. 375, L. 1983.
History: En. 41-2303.2 by Sec. 2, Ch. 448, L. 1977; R.C.M. 1947, 41-2303.2.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4130. Group insurance for firefighters -- funding

7-33-4130. Group insurance for firefighters -- funding.
(1) Cities of the first and second class, if they provide insurance for other city employees under Title 2, chapter 18, part 7, shall:
(a) provide the same insurance to their respective firefighters;
(b) pay no less than the premium rate in effect as of July 1, 1980, for insurance coverage for firefighters and their dependents notwithstanding the provisions of Title 2, chapter 18, part 7;
(c) provide for collective bargaining or other agreement processes to negotiate additional premium payments beyond the amount guaranteed by subsection (1)(b).
(2) Subject to 15-10-420, those incorporated cities and towns that require additional funds to finance the provisions of this section may levy, by the amount required to meet these provisions, a tax on the taxable value of all taxable property in the respective city or town. This levy must be collected in the same manner and at the same time as other taxes are levied.
History: En. 11-1024.1, 11-1024.2 by Secs. 1, 2, Ch. 39, L. 1975; R.C.M. 1947, 11-1024.1, 11-1024.2; amd. Sec. 2, Ch. 88, L. 1981; amd. Sec. 73, Ch. 584, L. 1999; amd. Sec. 81, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4131. Firefighter's rights in event of city-county consolidation

7-33-4131. Firefighter's rights in event of city-county consolidation.
A firefighter employed by a fire department established as required by law in a city or town of the county prior to the election and qualification of a commission under part 11 or parts 12 and 13 of chapter 3 or other acts of consolidation or disincorporation has the same job tenure rights as though no election and qualification had taken place.
History: En. Sec. 83, Ch. 121, L. 1923; re-en. Sec. 5520.84, R.C.M. 1935; amd. Sec. 1, Ch. 192, L. 1961; amd. Sec. 1, Ch. 34, L. 1975; amd. Sec. 31, Ch. 157, L. 1977; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-3524(1).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4132. Repealed

7-33-4132. Repealed.
Sec. 5, Ch. 375, L. 1983.
History: En. Sec. 3, Ch. 15, L. 1937; R.C.M. 1947, 11-1933.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4133. Payment of partial salary to firefighter injured in performance of duty

7-33-4133. Payment of partial salary to firefighter injured in performance of duty.
(1) A member of a fire department of a first-class or second-class municipality who is injured in the performance of duty must be paid by the municipality the difference between the member's net salary, following adjustments for income taxes and pension contributions, and the amount received from workers' compensation until the disability has ceased, as determined by workers' compensation, or for a period not to exceed 1 year, whichever occurs first.
(2) To qualify for the partial salary payment provided for in subsection (1), the firefighter must require medical or other remedial treatment and must be incapable of performing the firefighter's duties as a result of the injury.
History: En. Sec. 1, Ch. 396, L. 1991; amd. Sec. 729, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 42. Powers of Municipal Council Related to Fire Services › 7-33-4201. Establishment of fire department and fire alarm system

7-33-4201. Establishment of fire department and fire alarm system.
The city or town council has power to establish a fire department and prescribe and regulate its duties and to maintain a fire alarm.
History: En. Subd. 27, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.26, R.C.M. 1935; R.C.M. 1947, 11-929(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 42. Powers of Municipal Council Related to Fire Services › 7-33-4202. Provision for fire equipment

7-33-4202. Provision for fire equipment.
The city or town council has power to erect engine, hose, and hook-and-ladder houses and to provide engines and other implements for the extinguishment of fire.
History: En. Subd. 28, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.27, R.C.M. 1935; R.C.M. 1947, 11-930.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 42. Powers of Municipal Council Related to Fire Services › 7-33-4203. Repealed

7-33-4203. Repealed.
Sec. 156, Ch. 370, L. 1987.
History: En. Subd. 26, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.25, R.C.M. 1935; R.C.M. 1947, 11-928.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 42. Powers of Municipal Council Related to Fire Services › 7-33-4204. Inspection and regulation of fire hazards

7-33-4204. Inspection and regulation of fire hazards.
The city or town council has power to inspect chimneys, flues, fireplaces, stovepipes, ruins, structures, and boilers and, when dangerous, to require the same to be removed or put in order and prohibit the use thereof until safe.
History: En. Subd. 29, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.28, R.C.M. 1935; R.C.M. 1947, 11-931.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 42. Powers of Municipal Council Related to Fire Services › 7-33-4205. Regulation of explosives and inflammable materials

7-33-4205. Regulation of explosives and inflammable materials.
Except as provided in 50-61-120, the city or town council has power to regulate and prevent the storage or handling of gunpowder, giant powder, nitroglycerine, other inflammable explosives or materials, tar, pitch, kerosene, oils, and turpentine and to prohibit the storage of the same within 3 miles of the city limits.
History: En. Subd. 30, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.29, R.C.M. 1935; R.C.M. 1947, 11-932; amd. Sec. 3, Ch. 506, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 42. Powers of Municipal Council Related to Fire Services › 7-33-4206. Regulation of bonfires, fireworks, and other fire-causing agents

7-33-4206. Regulation of bonfires, fireworks, and other fire-causing agents.
The city or town council has power to regulate or prohibit the building of bonfires or the explosion, use, or selling of fireworks, firecrackers, torpedoes, other pyrotechnics, or toy pistols or guns within the city or town.
History: En. Subd. 31, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.30, R.C.M. 1935; R.C.M. 1947, 11-933.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 42. Powers of Municipal Council Related to Fire Services › 7-33-4207. Regulation of industries with fire-causing potential

7-33-4207. Regulation of industries with fire-causing potential.
The city or town council has power to regulate, restrain, or prevent the carrying on of manufactories dangerous in causing or producing fires.
History: En. Subd. 55, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.54, R.C.M. 1935; R.C.M. 1947, 11-957(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 42. Powers of Municipal Council Related to Fire Services › 7-33-4208. Adoption of fire code

7-33-4208. Adoption of fire code.
The governing body of an incorporated city or town may adopt technical fire codes, in whole or in part, by reference under the procedure provided in 7-5-4202.
History: En. Sec. 4805, Pol. C. 1895; re-en. Sec. 3265, Rev. C. 1907; re-en. Sec. 5056, R.C.M. 1921; re-en. Sec. 5056, R.C.M. 1935; amd. Sec. 1, Ch. 38, L. 1967; amd. Sec. 1, Ch. 231, L. 1969; amd. Sec. 1, Ch. 111, L. 1975; R.C.M. 1947, 11-1102(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 45. Provisions Applicable to All Local Governmental Fire Agencies › 7-33-4501. Legal representation for firewarden, firefighter, or employee -- local governmental fire agency

7-33-4501. Legal representation for firewarden, firefighter, or employee -- local governmental fire agency.
A local governmental fire agency shall pay reasonable attorney fees and costs for outside legal counsel to defend a firewarden, firefighter, or paid or volunteer employee of a local governmental fire agency against a criminal prosecution arising from an act or omission in the performance of duties on a fire or in fire training that is made in good faith and within the course and scope of employment of the firewarden, firefighter, or paid or volunteer employee. The local governmental fire agency may determine whether the act or omission of the firewarden, firefighter, or paid or volunteer employee was in good faith and arising from the performance of the employee's duties in a fire or in fire training. The requirement to pay attorney fees and costs does not apply to any postconviction legal proceedings.
History: En. Sec. 3, Ch. 464, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 45. Provisions Applicable to All Local Governmental Fire Agencies › 7-33-4510. Workers' compensation for volunteer firefighters -- notification if coverage not provided -- definitions

7-33-4510. Workers' compensation for volunteer firefighters -- notification if coverage not provided -- definitions.
(1) An employer may provide workers' compensation coverage as provided in Title 39, chapter 71, to any volunteer firefighter who is listed on a roster of service.
(2) An employer may purchase workers' compensation coverage from any entity authorized to provide workers' compensation coverage under plan No. 1, 2, or 3 as provided in Title 39, chapter 71.
(3) If an employer provides workers' compensation coverage as provided in this section, the employer may, upon payment of the filing fee provided for in 7-4-2631(1)(a), file a roster of service with the clerk and recorder in the county in which the employer is located and update the roster of service monthly if necessary to report changes in the number of volunteers on the roster of service. The clerk and recorder shall file the original and replace it with updates whenever necessary. The employer shall maintain the roster of service with the effective date of membership for each volunteer firefighter.
(4) If an employer does not provide workers' compensation coverage, the employer shall annually notify the employer's volunteer firefighters that coverage is not provided.
(5) For the purposes of this section, the following definitions apply:
(a) (i) "Employer" means the governing body of a fire agency organized under Title 7, chapter 33, including a rural fire district, a fire service area, a volunteer fire department, a volunteer fire company, or a volunteer rural fire control crew.
(ii) The term does not mean a governing body of a city of the first class or second class, including a city to which 7-33-4109 applies, that provides workers' compensation coverage to employees as defined in 39-71-118.
(b) "Roster of service" means the list of volunteer firefighters who have filled out a membership card prior to performing services as a volunteer firefighter.
(c) (i) "Volunteer firefighter" means a volunteer who is on the employer's roster of service. A volunteer firefighter may include a volunteer emergency care provider as defined in 50-6-202 who is on the roster of service. A volunteer firefighter is not required to be an active member as defined in 19-17-102.
(ii) The term does not mean an individual who is not listed on a roster of service or a member of a volunteer fire department provided for in 7-33-4109.
History: En. Sec. 1, Ch. 412, L. 2013; amd. Sec. 1, Ch. 95, L. 2017; amd. Sec. 2, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 1. Ambulance Services › 7-34-101. Ambulance services authorized

7-34-101. Ambulance services authorized.
A county, city, or town, acting through its governing body, may establish and maintain an ambulance service for such county, city, or town. Any county, city, or town may contract with any county, city, or town to establish and maintain a joint ambulance service and to share the costs, such costs to be apportioned according to the benefits to accrue, with the proportion to be paid by each to be fixed in advance by joint resolution by the respective governing bodies, if the governing body has received a petition signed by 15% of the electors registered to vote in the county, city, or town at the last preceding general election or in each of the counties, cities, or towns wherein a joint ambulance service is being established.
History: En. Sec. 1, Ch. 238, L. 1961; amd. Sec. 1, Ch. 162, L. 1967; R.C.M. 1947, 69-3601(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 1. Ambulance Services › 7-34-102. Ambulance service mill levy permitted

7-34-102. Ambulance service mill levy permitted.
Subject to 15-10-420 and in addition to all other levies authorized by law, each county, city, or town may levy an annual tax on the taxable value of all taxable property within the county, city, or town to defray the costs incurred in providing ambulance service. These costs may include workers' compensation coverage for emergency care providers on volunteer duty with the ambulance service or members of a paid or volunteer nontransporting medical unit defined in 50-6-302.
History: En. Sec. 1, Ch. 238, L. 1961; amd. Sec. 1, Ch. 162, L. 1967; R.C.M. 1947, 69-3601(part); amd. Sec. 1, Ch. 668, L. 1991; amd. Sec. 74, Ch. 584, L. 1999; amd. Sec. 24, Ch. 495, L. 2001; amd. Sec. 82, Ch. 574, L. 2001; amd. Sec. 7, Ch. 255, L. 2011; amd. Sec. 3, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 1. Ambulance Services › 7-34-103. Manner of providing ambulance service

7-34-103. Manner of providing ambulance service.
(1) If a county, city, or town establishes or maintains ambulance service, acting through its governing board it:
(a) may operate the ambulance service itself or contract for ambulance service;
(b) may buy, rent, lease, or otherwise contract for vehicles, equipment, facilities, operators, or attendants;
(c) may sell ambulance service insurance or contract with a third-party entity to sell ambulance service insurance to persons who use the ambulance service that covers the cost of the ambulance service that is not otherwise covered;
(d) may adopt rules and establish fees or charges for the furnishing of an ambulance service; and
(e) shall, if the service does not provide workers' compensation coverage, annually notify the service's volunteer emergency care providers that coverage is not provided.
(2) A county, city, or town that directly sells ambulance service insurance or that remains liable for the financial risk pursuant to insurance sold by a third party under contract with the county, city, or town is exempt from Title 33, except for the provisions provided in 33-18-201 and 33-18-242.
History: En. Sec. 2, Ch. 238, L. 1961; R.C.M. 1947, 69-3602; amd. Sec. 1, Ch. 13, L. 2001; amd. Sec. 2, Ch. 95, L. 2017; amd. Sec. 4, Ch. 220, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 1. Ambulance Services › 7-34-104. Certain ambulance services unaffected

7-34-104. Certain ambulance services unaffected.
The provisions of this part shall in no way affect county, city, or town ambulance service in operation on March 14, 1961.
History: En. Sec. 3, Ch. 238, L. 1961; R.C.M. 1947, 69-3603.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2101. Purpose of part

7-34-2101. Purpose of part.
The purpose of this part is to authorize the establishment of public hospital districts which shall have power to supply hospital facilities and services and health care facilities and services to residents of districts and, as herein authorized, to others.
History: En. Sec. 1, Ch. 155, L. 1953; amd. Sec. 1, Ch. 257, L. 1969; R.C.M. 1947, 16-4301(part); amd. Sec. 1, Ch. 453, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2102. Definitions

7-34-2102. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Hospital facilities" means a hospital or a hospital-related facility, including outpatient centers for primary care, outpatient centers for surgical services, rehabilitation facilities, long-term care facilities, infirmaries, and health care facilities, all as defined in 50-5-101. The term includes public health centers.
(2) "Public health center" means a publicly owned facility providing health services, including laboratories, clinics, and administrative offices.
History: En. Sec. 1, Ch. 336, L. 1973; R.C.M. 1947, 16-4301.1; amd. Sec. 2, Ch. 453, L. 1991; amd. Sec. 1, Ch. 93, L. 1997; amd. Sec. 1, Ch. 98, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2103. Petition required to create hospital district

7-34-2103. Petition required to create hospital district.
Proceedings for creation of a hospital district shall be initiated by a petition signed by not less than 30% of the qualified electors of the proposed hospital district who are taxpayers upon property within the proposed hospital district and whose names appear on the last-completed assessment roll for state and county taxes.
History: En. Sec. 2, Ch. 155, L. 1953; amd. Sec. 2, Ch. 257, L. 1969; R.C.M. 1947, 16-4302(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2104. Details relating to petition

7-34-2104. Details relating to petition.
(1) The petition may consist of one sheet or several sheets, identical in form and fastened together after being circulated and signed so as to form a single, complete petition before being delivered to the county clerk and recorder. The petition must give the post-office address and voting precinct of each petitioner.
(2) Only persons who are qualified to sign the petitions are qualified to circulate the petitions, and there must be attached to the complete petition the affidavit of a person who circulated or assisted in circulating the petition that the person believes the signatures on the petition are genuine and the signers knew the contents of the petition before signing it.
History: En. Sec. 2, Ch. 155, L. 1953; amd. Sec. 2, Ch. 257, L. 1969; R.C.M. 1947, 16-4302(part); amd. Sec. 730, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2105. Petition to be filed with county clerk and recorder -- clerk's certificate

7-34-2105. Petition to be filed with county clerk and recorder -- clerk's certificate.
The complete petition, addressed to the board of county commissioners of the county in which the proposed district is situated, must be filed with the county clerk and recorder, who shall, within 15 days, carefully examine the petition and the county records showing the qualifications of the petitioners and attach it to a certificate under the clerk and recorder's official signature and the seal of office. The certificate must set forth:
(1) the total number of persons who are registered electors within the proposed hospital district and whose names appear upon the last-completed assessment roll for state and county taxes;
(2) which and how many of the persons whose names are subscribed to the petition are possessed of all of the qualifications required of signers to the petition; and
(3) whether the qualified signers constitute more or less than 30% of the registered electors of the proposed hospital district who are taxpayers upon property in the proposed district and whose names appear on the last-completed assessment roll for state and county taxes.
History: En. Sec. 2, Ch. 155, L. 1953; amd. Sec. 2, Ch. 257, L. 1969; R.C.M. 1947, 16-4302(part); amd. Sec. 731, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2106. Presentation of petition to board of county commissioners -- hearing required

7-34-2106. Presentation of petition to board of county commissioners -- hearing required.
(1) The county clerk and recorder shall present the petition and the clerk's certificate to the board of county commissioners at its first meeting held after the clerk has attached the certificate.
(2) The board shall carefully examine the petition, and if it is found that the petition is in proper form and bears the requisite number of signatures of qualified petitioners, the board shall by resolution call a hearing on the creation of the hospital district.
History: En. Sec. 2, Ch. 155, L. 1953; amd. Sec. 2, Ch. 257, L. 1969; R.C.M. 1947, 16-4302(part); amd. Sec. 732, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2107. Notice of hearing

7-34-2107. Notice of hearing.
A notice of the hearing required by 7-34-2106 shall be published as provided in 7-1-2121.
History: En. Sec. 2, Ch. 155, L. 1953; amd. Sec. 2, Ch. 257, L. 1969; R.C.M. 1947, 16-4302(part); amd. Sec. 34, Ch. 349, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2108. Hearing on petition

7-34-2108. Hearing on petition.
At the time fixed for said hearing, the board shall hear all competent and relevant testimony offered in support of or in opposition to said petition and the creation of such district. Said hearing may be adjourned from time to time for the determination of said facts or hearing petitioners or objectors without additional published or posted notice, but no adjournment shall exceed 2 weeks in all from and after the date originally noticed and published for the hearing.
History: En. Sec. 3, Ch. 155, L. 1953; amd. Sec. 3, Ch. 257, L. 1969; R.C.M. 1947, 16-4303.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2109. Election on question of creating hospital district

7-34-2109. Election on question of creating hospital district.
The board of county commissioners, upon completion of the hearing provided for in 7-34-2106 through 7-34-2108, shall proceed by resolution to refer the question of the creation of such district to the persons qualified to vote on such proposition.
History: En. Sec. 4, Ch. 155, L. 1953; amd. Sec. 4, Ch. 257, L. 1969; R.C.M. 1947, 16-4304(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2110. Resolution calling for election on creation of district -- conduct of election

7-34-2110. Resolution calling for election on creation of district -- conduct of election.
(1) The board of county commissioners in its resolution may make changes in the boundaries of the proposed district that it considers advisable, without including any additional lands not described in the petition, and it shall call an election on the question of the creation of the district.
(2) The election must be conducted in accordance with Title 13, chapter 1, part 5.
History: En. Secs. 4, 5, Ch. 155, L. 1953; amd. Secs. 4, 5, Ch. 257, L. 1969; R.C.M. 1947, 16-4304(part), 16-4305(part); amd. Sec. 345, Ch. 571, L. 1979; amd. Sec. 62, Ch. 387, L. 1995; amd. Sec. 162, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2111. Territory of hospital district

7-34-2111. Territory of hospital district.
A public hospital district may contain the entire territory embraced within a county or any portion or subdivision thereof.
History: En. Sec. 1, Ch. 155, L. 1953; amd. Sec. 1, Ch. 257, L. 1969; R.C.M. 1947, 16-4301(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2112. Ballot form

7-34-2112. Ballot form.
At the election on the creation of a district, the ballot must contain the words "Hospital district -- Yes" and "Hospital district -- No".
History: En. Sec. 5, Ch. 155, L. 1953; amd. Sec. 5, Ch. 257, L. 1969; R.C.M. 1947, 16-4305(part); amd. Sec. 346, Ch. 571, L. 1979; amd. Sec. 163, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2113. Who may vote

7-34-2113. Who may vote.
Only qualified electors residing within the proposed hospital district may vote on the question of the creation of the hospital district.
History: En. Sec. 5, Ch. 155, L. 1953; amd. Sec. 5, Ch. 257, L. 1969; R.C.M. 1947, 16-4305(part); amd. Sec. 2, Ch. 213, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2114. Procedure upon favorable vote

7-34-2114. Procedure upon favorable vote.
(1) In the event that a majority of the votes cast are in favor of the creation and establishment of said hospital district, the board of county commissioners shall, within 10 days after the election, certify such result by resolution and proceed with the organization of such district as specified in this part.
(2) After 20 days from the passage of such resolution, the validity of the creation of such hospital district and the regularity of all proceedings preliminary thereto shall not be questioned or asserted in any legal action.
History: En. Sec. 6, Ch. 155, L. 1953; amd. Sec. 6, Ch. 257, L. 1969; R.C.M. 1947, 16-4306.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2115. District to be governed by elected trustees -- legal assistance

7-34-2115. District to be governed by elected trustees -- legal assistance.
(1) A hospital district must be governed and managed by a board of three or five trustees, elected by the registered electors residing in the district. The number of trustees on the board and, if the number is set at five, the initial terms of two trustees must be fixed by the bylaws of the district.
(2) The trustees must be elected from among the registered electors qualified to vote at general elections within the district.
(3) The trustees may call upon the county attorney for legal advice and services as they may require.
History: En. Sec. 7, Ch. 155, L. 1953; amd. Sec. 1, Ch. 97, L. 1955; amd. Sec. 7, Ch. 257, L. 1969; amd. Sec. 1, Ch. 399, L. 1971; amd. Sec. 1, Ch. 277, L. 1975; R.C.M. 1947, 16-4307(part); amd. Sec. 2, Ch. 7, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2116. Repealed

7-34-2116. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. Sec. 7, Ch. 155, L. 1953; amd. Sec. 1, Ch. 97, L. 1955; amd. Sec. 7, Ch. 257, L. 1969; amd. Sec. 1, Ch. 399, L. 1971; amd. Sec. 1, Ch. 277, L. 1975; R.C.M. 1947, 16-4307(part); amd. Sec. 347, Ch. 571, L. 1979; amd. Sec. 2, Ch. 27, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2117. Procedure for conduct of election for trustees -- appointment of trustees

7-34-2117. Procedure for conduct of election for trustees -- appointment of trustees.
(1) All elections of trustees must be conducted in accordance with Title 13, chapter 1, part 5.
(2) The first board of trustees must be elected at the election under 7-34-2110 on whether to create the district, subject to voter approval of the district.
(3) If there are no candidates for a trustee position, the board of county commissioners shall appoint the trustee.
(4) A member of the board taking office pursuant to subsection (3) serves a term of office as if elected to that office.
History: En. Sec. 7, Ch. 155, L. 1953; amd. Sec. 1, Ch. 97, L. 1955; amd. Sec. 7, Ch. 257, L. 1969; amd. Sec. 1, Ch. 399, L. 1971; amd. Sec. 1, Ch. 277, L. 1975; R.C.M. 1947, 16-4307(part); amd. Sec. 348, Ch. 571, L. 1979; amd. Sec. 3, Ch. 27, L. 1981; amd. Sec. 24, Ch. 250, L. 1985; amd. Sec. 8, Ch. 254, L. 1999; amd. Sec. 164, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2118. Term of office

7-34-2118. Term of office.
(1) The trustees elected for the first board shall serve for terms:
(a) commencing upon their being elected and qualified; and
(b) terminating 1, 2, and 3 years, respectively, from the first district meeting following their election and until their respective successors are elected and qualified.
(2) Annually after the initial election there may be elected a trustee to serve for a term of 3 years and until a successor is qualified. The term of 3 years commences at the first district meeting following the trustee's election.
History: En. Sec. 7, Ch. 155, L. 1953; amd. Sec. 1, Ch. 97, L. 1955; amd. Sec. 7, Ch. 257, L. 1969; amd. Sec. 1, Ch. 399, L. 1971; amd. Sec. 1, Ch. 277, L. 1975; R.C.M. 1947, 16-4307(part); amd. Sec. 391, Ch. 571, L. 1979; amd. Sec. 4, Ch. 27, L. 1981; amd. Sec. 733, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2119. Organization of board of trustees

7-34-2119. Organization of board of trustees.
The trustees at their first meeting shall adopt bylaws for the government and management of the district and shall appoint a qualified person to serve as clerk of the said board, who may or may not be one of their number.
History: En. Sec. 7, Ch. 155, L. 1953; amd. Sec. 1, Ch. 97, L. 1955; amd. Sec. 7, Ch. 257, L. 1969; amd. Sec. 1, Ch. 399, L. 1971; amd. Sec. 1, Ch. 277, L. 1975; R.C.M. 1947, 16-4307(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2120. Compensation of trustees

7-34-2120. Compensation of trustees.
The trustees shall serve without pay.
History: En. Sec. 7, Ch. 155, L. 1953; amd. Sec. 1, Ch. 97, L. 1955; amd. Sec. 7, Ch. 257, L. 1969; amd. Sec. 1, Ch. 399, L. 1971; amd. Sec. 1, Ch. 277, L. 1975; R.C.M. 1947, 16-4307(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 34. Medical Services and Boarding Homes for the Aged › Part 21. Hospital Districts › 7-34-2121. Vacancies

7-34-2121. Vacancies.
A vacancy upon the board of trustees occurring during the term of office of a trustee or in the office of clerk must be filled by appointment by the remaining members, and the appointee shall serve until the next ensuing election for trustees.
History: En. Sec. 7, Ch. 155, L. 1953; amd. Sec. 1, Ch. 97, L. 1955; amd. Sec. 7, Ch. 257, L. 1969; amd. Sec. 1, Ch. 399, L. 1971; amd. Sec. 1, Ch. 277, L. 1975; R.C.M. 1947, 16-4307(part); amd. Sec. 9, Ch. 254, L. 1999.