reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4136. Assignment to light duty or another agency

7-32-4136. Assignment to light duty or another agency.
(1) Whenever, in the opinion of the municipality and supported by a physician's opinion, the officer is able to perform specified types of light police duty, payment of the officer's partial salary amount under 7-32-4132 must be discontinued if the officer refuses to perform the light police duty when it is available and offered. The light duty must be consistent with the officer's status as a law enforcement officer.
(2) With the officer's consent, the officer may be transferred to another department or agency within the municipality.
History: En. 11-1822.5 by Sec. 5, Ch. 451, L. 1977; R.C.M. 1947, 11-1822.5; amd. Sec. 3, Ch. 290, L. 1979; amd. Sec. 719, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4137. Effect on probationary status

7-32-4137. Effect on probationary status.
If the injured officer is on probationary status at the time of injury, the balance of the probationary time must be suspended until the officer returns to regular duty or is discharged for cause.
History: En. 11-1822.6 by Sec. 6, Ch. 451, L. 1977; R.C.M. 1947, 11-1822.6; amd. Sec. 720, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4138. Subrogation

7-32-4138. Subrogation.
The municipality has a cause of action for reimbursement of sums it has paid to an officer as salary and for medical treatment against any third party against whom the officer has a cause of action for the injury which necessitated the payments by the municipality.
History: En. 11-1822.7 by Sec. 7, Ch. 451, L. 1977; R.C.M. 1947, 11-1822.7.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4151. Police commission required in all cities and some towns

7-32-4151. Police commission required in all cities and some towns.
(1) In all cities and some towns, the mayor, or the manager in those cities operating under the commission-manager plan, shall nominate and, with the consent of the city council or commission, appoint three residents of such city or town who shall have the qualifications required by law to hold a municipal office therein and who shall constitute a board to be known by the name of "police commission".
(2) This section shall apply to organized police departments in every city and town of the state which have three or more full-time law enforcement officials, regardless of the form of government under which said city or town may be operating or may at any time adopt.
History: En. Sec. 4, Ch. 136, L. 1907; Sec. 3307, Rev. C. 1907; re-en. Sec. 5098, R.C.M. 1921; amd. Sec. 1, Ch. 119, L. 1923; re-en. Sec. 5098, R.C.M. 1935; amd. Sec. 1, Ch. 96, L. 1939; amd. Secs. 4, 5, Ch. 152, L. 1947; amd. Sec. 1, Ch. 194, L. 1975; R.C.M. 1947, 11-1804(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4152. Term and compensation of members of police commission

7-32-4152. Term and compensation of members of police commission.
(1) The appointees to the police commission shall hold office for 3 years, and one member must be appointed annually at the first regular meeting of the city council or commission in May of each year. However, a member serving on the commission during the hearing or deciding of an appeal under 7-32-4155 shall continue to serve on the commission for that appeal until a decision has been made; a new member may not sit on the commission for business.
(2) The compensation of the members of a board must be fixed by the city council or commission, not to exceed $10 per day or more than $50 per month for any month for each member in cities of the first and second class.
History: En. Sec. 4, Ch. 136, L. 1907; Sec. 3307, Rev. C. 1907; re-en. Sec. 5098, R.C.M. 1921; amd. Sec. 1, Ch. 119, L. 1923; re-en. Sec. 5098, R.C.M. 1935; amd. Sec. 1, Ch. 96, L. 1939; amd. Secs. 4, 5, Ch. 152, L. 1947; amd. Sec. 1, Ch. 194, L. 1975; R.C.M. 1947, 11-1804(part); amd. Sec. 1, Ch. 453, L. 1979; amd. Sec. 3, Ch. 468, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4153. Meaning of word mayor

7-32-4153. Meaning of word mayor.
Wherever the word "mayor" is used in 7-32-4109, 7-32-4160, and 7-32-4161, it is intended to include "city manager", "city commissioner", or any other name or designation used to identify or designate the chief executive of any city or municipality.
History: En. Sec. 6, Ch. 136, L. 1907; Sec. 3309, Rev. C. 1907; re-en. Sec. 5100, R.C.M. 1921; amd. Sec. 4, Ch. 119, L. 1923; re-en. Sec. 5100, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1955; amd. Sec. 1, Ch. 28, L. 1959; R.C.M. 1947, 11-1806(11); amd. Sec. 27, Ch. 370, L. 1987; amd. Sec. 4, Ch. 468, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4154. Role of police commission in examination of applicants for police force

7-32-4154. Role of police commission in examination of applicants for police force.
It shall be the duty of the police commission to examine all applicants whose applications have been referred to the commission as to their age, legal, mental, moral, and physical qualifications and their ability to fill the office as a member of the police force. It shall also be the duty of the police commission, subject to the approval of the mayor, to make such rules regarding such examinations not inconsistent with this part or the laws of the state.
History: En. Sec. 5, Ch. 136, L. 1907; Sec. 3308, Rev. C. 1907; amd. Sec. 2, Ch. 198, L. 1921; re-en. Sec. 5099, R.C.M. 1921; amd. Sec. 3, Ch. 119, L. 1923; re-en. Sec. 5099, R.C.M. 1935; R.C.M. 1947, 11-1805(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4155. Role of police commission in hearing and deciding appeals brought by police officers

7-32-4155. Role of police commission in hearing and deciding appeals brought by police officers.
(1) The police commission shall hear and decide appeals brought by any member or officer of the police department who has been disciplined, suspended, removed, or discharged by an order of the mayor, city manager, or chief executive.
(2) The police commission shall, at the time set for hearing an appeal of a police officer, hear and determine the appeal according to the rules of evidence applicable to courts of record in the state.
History: En. Sec. 6, Ch. 136, L. 1907; Sec. 3309, Rev. C. 1907; re-en. Sec. 5100, R.C.M. 1921; amd. Sec. 4, Ch. 119, L. 1923; re-en. Sec. 5100, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1955; amd. Sec. 1, Ch. 28, L. 1959; R.C.M. 1947, 11-1806(part); amd. Sec. 5, Ch. 468, L. 1993; amd. Sec. 721, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4156. Appeals to be in writing

7-32-4156. Appeals to be in writing.
An appeal brought by any member of the police force must be in writing in the form required by the police commission, and a copy must be served upon the mayor, city manager, or chief executive at least 30 days before the time fixed for the hearing of the appeal.
History: En. Sec. 6, Ch. 136, L. 1907; Sec. 3309, Rev. C. 1907; re-en. Sec. 5100, R.C.M. 1921; amd. Sec. 4, Ch. 119, L. 1923; re-en. Sec. 5100, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1955; amd. Sec. 1, Ch. 28, L. 1959; R.C.M. 1947, 11-1806(2); amd. Sec. 6, Ch. 468, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4157. Rights of police officer

7-32-4157. Rights of police officer.
The appealing police officer has the right to be present at the hearing in person and by counsel and to be heard and to give and furnish evidence in the police officer's appeal.
History: En. Sec. 6, Ch. 136, L. 1907; Sec. 3309, Rev. C. 1907; re-en. Sec. 5100, R.C.M. 1921; amd. Sec. 4, Ch. 119, L. 1923; re-en. Sec. 5100, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1955; amd. Sec. 1, Ch. 28, L. 1959; R.C.M. 1947, 11-1806(part); amd. Sec. 7, Ch. 468, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4158. Police commission hearings open to public

7-32-4158. Police commission hearings open to public.
All hearings must be open to the public.
History: En. Sec. 6, Ch. 136, L. 1907; Sec. 3309, Rev. C. 1907; re-en. Sec. 5100, R.C.M. 1921; amd. Sec. 4, Ch. 119, L. 1923; re-en. Sec. 5100, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1955; amd. Sec. 1, Ch. 28, L. 1959; R.C.M. 1947, 11-1806(part); amd. Sec. 8, Ch. 468, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4159. Subpoena authority of police commission

7-32-4159. Subpoena authority of police commission.
The presiding officer or acting presiding officer of the police commission may issue subpoenas, attested in its name, to compel the attendance of witnesses at the hearing, and any person served with a subpoena is bound to attend in obedience to the subpoena. The police commission has the same authority to enforce obedience to the subpoena and to punish the disobedience to the subpoena as is possessed by a judge of the district court in similar cases. However, punishment for disobedience is subject to review by the district court of the proper county.
History: En. Sec. 6, Ch. 136, L. 1907; Sec. 3309, Rev. C. 1907; re-en. Sec. 5100, R.C.M. 1921; amd. Sec. 4, Ch. 119, L. 1923; re-en. Sec. 5100, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1955; amd. Sec. 1, Ch. 28, L. 1959; R.C.M. 1947, 11-1806(4); amd. Sec. 722, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4160. Decision by police commission

7-32-4160. Decision by police commission.
The police commission shall, after the conclusion of the hearing, decide the appeal and must have the power, by a decision of a majority of the commission, to sustain, modify, or overrule the disciplinary order of the mayor, city manager, or chief executive.
History: En. Sec. 6, Ch. 136, L. 1907; Sec. 3309, Rev. C. 1907; re-en. Sec. 5100, R.C.M. 1921; amd. Sec. 4, Ch. 119, L. 1923; re-en. Sec. 5100, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1955; amd. Sec. 1, Ch. 28, L. 1959; R.C.M. 1947, 11-1806(5), (6); amd. Sec. 9, Ch. 468, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4161. Enforcement of decision

7-32-4161. Enforcement of decision.
The mayor shall make an order enforcing the decision of the police commission. The decision or order is subject to review by the district court of the proper county on all questions of fact and all questions of law.
History: En. Sec. 6, Ch. 136, L. 1907; Sec. 3309, Rev. C. 1907; re-en. Sec. 5100, R.C.M. 1921; amd. Sec. 4, Ch. 119, L. 1923; re-en. Sec. 5100, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1955; amd. Sec. 1, Ch. 28, L. 1959; R.C.M. 1947, 11-1806(7); amd. Sec. 10, Ch. 468, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4162. Repealed

7-32-4162. Repealed.
Sec. 12, Ch. 468, L. 1993.
History: En. Sec. 6, Ch. 136, L. 1907; Sec. 3309, Rev. C. 1907; re-en. Sec. 5100, R.C.M. 1921; amd. Sec. 4, Ch. 119, L. 1923; re-en. Sec. 5100, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1955; amd. Sec. 1, Ch. 28, L. 1959; R.C.M. 1947, 11-1806(9).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4163. Repealed

7-32-4163. Repealed.
Sec. 12, Ch. 468, L. 1993.
History: En. Sec. 6, Ch. 136, L. 1907; Sec. 3309, Rev. C. 1907; re-en. Sec. 5100, R.C.M. 1921; amd. Sec. 4, Ch. 119, L. 1923; re-en. Sec. 5100, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1955; amd. Sec. 1, Ch. 28, L. 1959; R.C.M. 1947, 11-1806(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 41. Municipal Police Force › 7-32-4164. Right to appeal

7-32-4164. Right to appeal.
A member of the police force who is disciplined, suspended, removed, or discharged as a result of a decision by the mayor, city manager, or chief executive has a right of appeal:
(1) pursuant to the terms of a grievance procedure contained in a collective bargaining agreement if the member is covered by a collective bargaining agreement; or
(2) to the police commission. A final decision of the police commission may be appealed to the district court of the proper county. The district court has jurisdiction to review all questions of fact and all questions of law in a suit brought by any officer or member of the police force. A suit to review a decision or an order or for reinstatement to office may not be maintained unless the suit is begun within a period of 60 days after the decision by the police commission has been filed with the city clerk.
History: En. Sec. 6, Ch. 136, L. 1907; Sec. 3309, Rev. C. 1907; re-en. Sec. 5100, R.C.M. 1921; amd. Sec. 4, Ch. 119, L. 1923; re-en. Sec. 5100, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1955; amd. Sec. 1, Ch. 28, L. 1959; R.C.M. 1947, 11-1806(8); amd. Sec. 11, Ch. 468, L. 1993.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 42. Municipal Detention Centers › 7-32-4201. Municipal detention centers authorized

7-32-4201. Municipal detention centers authorized.
The city or town council has power to establish and maintain a detention center, as defined in 7-32-2120, for the confinement of persons convicted of violating the ordinances of the city or town and to make rules for the government of the same.
History: En. Subd. 35, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.34, R.C.M. 1935; R.C.M. 1947, 11-937; amd. Sec. 28, Ch. 461, L. 1989.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 42. Municipal Detention Centers › 7-32-4202. Repealed

7-32-4202. Repealed.
Sec. 31, Ch. 461, L. 1989.
History: En. Subd. 53, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.52, R.C.M. 1935; R.C.M. 1947, 11-955.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 42. Municipal Detention Centers › 7-32-4203. Repealed

7-32-4203. Repealed.
Sec. 31, Ch. 461, L. 1989.
History: En. Subd. 52, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.51, R.C.M. 1935; R.C.M. 1947, 11-954.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 43. Powers of Municipal Council Related to Law Enforcement › 7-32-4301. Regulations governing arrest authorized

7-32-4301. Regulations governing arrest authorized.
The city or town council has power to make regulations authorizing the police of the city or town to make arrests of persons charged with crime:
(1) within the limits of the city or town;
(2) within 5 miles thereof; and
(3) along the line of water supply of the city or town.
History: En. Subd. 58, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.57, R.C.M. 1935; R.C.M. 1947, 11-960.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 43. Powers of Municipal Council Related to Law Enforcement › 7-32-4302. Control of disturbances of the peace

7-32-4302. Control of disturbances of the peace.
Within the city or town and within 3 miles of the limits thereof, the city or town council has power to prevent and punish intoxication (subject to the limits established in 53-24-106), fights, riots, loud noises, disorderly conduct, obscenity, and acts or conduct calculated to disturb the public peace or which are offensive to public morals.
History: En. Subd. 25, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.24, R.C.M. 1935; amd. Sec. 16, Ch. 302, L. 1974; amd. Sec. 1, Ch. 403, L. 1975; R.C.M. 1947, 11-927.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 43. Powers of Municipal Council Related to Law Enforcement › 7-32-4303. Control of shoplifting

7-32-4303. Control of shoplifting.
The city or town council may define shoplifting and punish persons found guilty of shoplifting.
History: En. 11-990 by Sec. 5, Ch. 274, L. 1974; R.C.M. 1947, 11-990; amd. Sec. 10, Ch. 263, L. 1979; amd. Sec. 253, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 43. Powers of Municipal Council Related to Law Enforcement › 7-32-4304. Control of disorderly conduct

7-32-4304. Control of disorderly conduct.
The city or town council has power to restrain and punish persons guilty of disorderly conduct and aggressive solicitation, as defined by ordinance, that is included in the offense of disorderly conduct.
History: En. Subd. 34, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.33, R.C.M. 1935; R.C.M. 1947, 11-936; amd. Sec. 3, Ch. 561, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 32. Law Enforcement › Part 43. Powers of Municipal Council Related to Law Enforcement › 7-32-4305. Repealed

7-32-4305. Repealed.
Sec. 2, Ch. 589, L. 1985.
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 32. Law Enforcement › Part 43. Powers of Municipal Council Related to Law Enforcement › 7-32-4311. Maintenance of police telegraph

7-32-4311. Maintenance of police telegraph.
The city or town council has power to maintain a police telegraph.
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 19. Use of Tobacco Products › 7-33-1901. Definitions

7-33-1901. Definitions.
As used in this part, the following definitions apply:
(1) "Paid firefighter" means a firefighter qualified under 7-33-4107 who receives full or partial pay.
(2) "Volunteer firefighter" has the meaning provided in 19-17-102.
History: En. Sec. 1, Ch. 310, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 19. Use of Tobacco Products › 7-33-1902. Qualifications of paid firefighters -- tobacco use

7-33-1902. Qualifications of paid firefighters -- tobacco use.
(1) (a) A paid firefighter hired on or after July 1, 2019, must be tobacco-free.
(b) The requirements of subsection (1)(a) must be verified through a physical exam as required in 7-33-4107.
(2) (a) A paid firefighter hired prior to July 1, 2019, who uses tobacco shall take a tobacco cessation course once every 4 years. The tobacco cessation course must be provided through programs for tobacco disease prevention as described in 17-6-602.
(b) A paid firefighter hired prior to July 1, 2019, shall provide proof of participation in a tobacco cessation course to the firefighter's department.
History: En. Sec. 2, Ch. 310, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 19. Use of Tobacco Products › 7-33-1903. Tobacco references and use prohibited

7-33-1903. Tobacco references and use prohibited.
(1) A municipal or rural fire department, district, or service area may not display, advertise, or depict tobacco products or the use of tobacco products on state, county, or municipal property.
(2) A paid firefighter may not wear any form of clothing depicting tobacco products or tobacco use while engaged in firefighting duties.
(3) A paid or volunteer firefighter may not use tobacco products while engaged in firefighting work, on firefighting equipment, while attending any firefighting training, or on any worksite while engaging in firefighting duties.
History: En. Sec. 3, Ch. 310, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 19. Use of Tobacco Products › 7-33-1904. Tobacco use provisions prohibited in collective bargaining

7-33-1904. Tobacco use provisions prohibited in collective bargaining.
(1) Except as provided in subsection (2), collective bargaining agreements between an employer and paid firefighters may not include provisions allowing tobacco use.
(2) Collective bargaining agreements enacted before May 7, 2019, are exempt from the provisions of subsection (1).
History: En. Sec. 4, Ch. 310, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2101. Rural fire districts authorized -- petition

7-33-2101. Rural fire districts authorized -- petition.
(1) The board of county commissioners is authorized to establish fire districts in any unincorporated territory or, subject to 7-33-4115 and subsection (2) of this section, incorporated second-class or third-class city or town upon presentation of a petition in writing signed by the owners of 40% or more of the real property in the proposed district and owners of property representing 40% or more of the taxable value of property in the proposed district.
(2) (a) Subject to 7-33-4115, second-class or third-class cities and towns may be included in the district upon approval by the city or town governing body.
(b) Subject to 7-33-4115, a second-class or third-class city or town may withdraw from a district 2 years after providing to the board of county commissioners notice of intent to withdraw.
History: En. Sec. 3237, Pol. C. 1895; re-en. Sec. 2081, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. 1915; amd. Sec. 1, Ch. 16, L. 1921; re-en. Sec. 5148, R.C.M. 1921; amd. Sec. 1, Ch. 15, L. 1931; re-en. Sec. 5148, R.C.M. 1935; amd. Sec. 1, Ch. 118, L. 1945; amd. Sec. 2, Ch. 97, L. 1947; amd. Sec. 1, Ch. 75, L. 1953; amd. Sec. 1, Ch. 75, L. 1957; amd. Sec. 1, Ch. 48, L. 1959; amd. Sec. 1, Ch. 77, L. 1959; amd. Sec. 1, Ch. 49, L. 1963; amd. Sec. 1, Ch. 45, L. 1969; amd. Sec. 2, Ch. 81, L. 1977; R.C.M. 1947, 11-2008(part); amd. Sec. 1, Ch. 499, L. 2007; amd. Sec. 3, Ch. 74, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2102. Notice of hearing

7-33-2102. Notice of hearing.
The board shall, within 10 days after the receipt of the petition, give notice of the hearing at least 10 days prior to the hearing:
(1) by mailing a copy of the notice as provided in 7-1-2122 or as provided in 7-1-4129 if the proposed district or a portion of the proposed district is in an incorporated second-class or third-class city or town to each registered voter and real property owner residing in the proposed district; and
(2) by publishing the notice as provided in 7-1-2121 or as provided in 7-1-4127 if the proposed district or portion of the proposed district is in an incorporated second-class or third-class city or town.
History: En. Sec. 3237, Pol. C. 1895; re-en. Sec. 2081, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. 1915; amd. Sec. 1, Ch. 16, L. 1921; re-en. Sec. 5148, R.C.M. 1921; amd. Sec. 1, Ch. 15, L. 1931; re-en. Sec. 5148, R.C.M. 1935; amd. Sec. 1, Ch. 118, L. 1945; amd. Sec. 2, Ch. 97, L. 1947; amd. Sec. 1, Ch. 75, L. 1953; amd. Sec. 1, Ch. 75, L. 1957; amd. Sec. 1, Ch. 48, L. 1959; amd. Sec. 1, Ch. 77, L. 1959; amd. Sec. 1, Ch. 49, L. 1963; amd. Sec. 1, Ch. 45, L. 1969; amd. Sec. 2, Ch. 81, L. 1977; R.C.M. 1947, 11-2008(part); amd. Sec. 33, Ch. 349, L. 1985; amd. Sec. 64, Ch. 354, L. 2001; amd. Sec. 2, Ch. 499, L. 2007; amd. Sec. 4, Ch. 74, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2103. Hearing on petition -- decision

7-33-2103. Hearing on petition -- decision.
(1) (a) The board shall hear the petition at the time set or at any time within 5 days of the time set if reasonable notice of the postponement is given. The board may establish the district unless it determines that the petition bears insufficient signatures or, if originally sufficient, that by reason of written withdrawals of signatures it has become insufficient.
(b) Signatures may not be withdrawn fewer than 20 days before the date set for adoption of the petition.
(2) The board may adjust the boundaries of the proposed district to reflect the written request of any real property owner who resides in the proposed district for subtraction or annexation of parcels of the property owner's land adjacent to the boundary line of the proposed district. The written request must be submitted to the board prior to or on the date set for hearing on the petition.
(3) The board shall render its decision within 30 days after the hearing.
History: En. Sec. 3237, Pol. C. 1895; re-en. Sec. 2081, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. 1915; amd. Sec. 1, Ch. 16, L. 1921; re-en. Sec. 5148, R.C.M. 1921; amd. Sec. 1, Ch. 15, L. 1931; re-en. Sec. 5148, R.C.M. 1935; amd. Sec. 1, Ch. 118, L. 1945; amd. Sec. 2, Ch. 97, L. 1947; amd. Sec. 1, Ch. 75, L. 1953; amd. Sec. 1, Ch. 75, L. 1957; amd. Sec. 1, Ch. 48, L. 1959; amd. Sec. 1, Ch. 77, L. 1959; amd. Sec. 1, Ch. 49, L. 1963; amd. Sec. 1, Ch. 45, L. 1969; amd. Sec. 2, Ch. 81, L. 1977; R.C.M. 1947, 11-2008(part); amd. Sec. 1, Ch. 470, L. 1985; amd. Sec. 3, Ch. 499, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2104. Operation of fire districts

7-33-2104. Operation of fire districts.
When a board of county commissioners establishes a fire district in any unincorporated territory or incorporated second-class or third-class city or town, the commissioners:
(1) may contract with a city, town, private fire company, or other public entity to furnish all fire protection services for property within the district; or
(2) shall appoint five qualified trustees to govern and manage the fire district.
History: En. Sec. 1, Ch. 107, L. 1911; amd. Sec. 1, Ch. 19, L. 1921; re-en. Sec. 5149, R.C.M. 1921; amd. Sec. 1, Ch. 130, L. 1925; re-en. Sec. 5149, R.C.M. 1935; amd. Sec. 3, Ch. 97, L. 1947; amd. Sec. 2, Ch. 75, L. 1953; amd. Sec. 2, Ch. 77, L. 1959; amd. Sec. 1, Ch. 118, L. 1959; amd. Sec. 1, Ch. 2, L. 1965; amd. Sec. 1, Ch. 333, L. 1969; amd. Sec. 1, Ch. 120, L. 1973; R.C.M. 1947, 11-2010(part); amd. Sec. 4, Ch. 499, L. 2007; amd. Sec. 5, Ch. 74, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2105. Powers and duties of trustees

7-33-2105. Powers and duties of trustees.
(1) The trustees:
(a) shall prepare and adopt suitable bylaws;
(b) have the authority to provide adequate and standard firefighting and emergency response apparatus, equipment, personnel, housing, and facilities, including real property and emergency medical services and equipment, for the protection of the district;
(c) may appoint and form fire companies that have the same duties, exemptions, and privileges as other fire companies for retirement purposes only;
(d) shall prepare annual budgets and request special levies for the budgets. The budget laws relating to county budgets must, as far as applicable, apply to fire districts.
(e) may enter into contracts as provided in 7-33-2107; and
(f) may pledge income to secure financing of the district as provided in 7-33-2109.
(2) All money received by the trustees must be deposited in the county treasurer's office and credited to the fire district.
History: En. Sec. 1, Ch. 107, L. 1911; amd. Sec. 1, Ch. 19, L. 1921; re-en. Sec. 5149, R.C.M. 1921; amd. Sec. 1, Ch. 130, L. 1925; re-en. Sec. 5149, R.C.M. 1935; amd. Sec. 3, Ch. 97, L. 1947; amd. Sec. 2, Ch. 75, L. 1953; amd. Sec. 2, Ch. 77, L. 1959; amd. Sec. 1, Ch. 118, L. 1959; amd. Sec. 1, Ch. 2, L. 1965; amd. Sec. 1, Ch. 333, L. 1969; amd. Sec. 1, Ch. 120, L. 1973; R.C.M. 1947, 11-2010(part); amd. Sec. 1, Ch. 144, L. 1991; amd. Sec. 1, Ch. 443, L. 2001; amd. Sec. 5, Ch. 499, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2106. Details relating to board of trustees of fire district -- election -- qualified electors

7-33-2106. Details relating to board of trustees of fire district -- election -- qualified electors.
(1) (a) The five trustees initially appointed by the county commissioners hold staggered terms of office until their successors are elected or appointed and qualified as provided in this section.
(b) The initial trustees' terms of office must be drawn by lot and include:
(i) 3 years for one trustee;
(ii) 2 years for two trustees; and
(iii) 1 year for two trustees.
(c) Upon expiration of the terms provided in subsection (1)(b), each subsequent trustee shall serve a 3-year term of office.
(d) A term of office begins on the date of the trustee's election or appointment.
(2) Trustee elections must be conducted in accordance with Title 13, chapter 1, part 5.
(3) An appointment to fill a vacancy occurring during the term of office of a trustee must be made by the county governing body and the appointee shall hold office until the next trustee election.
(4) An elector, as defined in 13-1-101, who resides in the district or any holder of title to lands within the district who presents a proof of payment of taxes on the lands at the polling place is eligible to vote in the election.
(5) Any person eligible to vote in the election may file a declaration of candidacy for the office of trustee. The declaration must be filed with the election administrator in the county conducting the election pursuant to 13-1-505 within the time period specified in 13-1-502.
(6) If there is not a candidate for one or more trustee offices, the board of county commissioners shall appoint one or more trustees as necessary to fill those offices. A trustee taking office pursuant to this subsection serves the trustee term of office as if that trustee had been elected.
(7) The trustees shall organize by choosing presiding officers and appointing one member to act as secretary.
History: En. Sec. 1, Ch. 107, L. 1911; amd. Sec. 1, Ch. 19, L. 1921; re-en. Sec. 5149, R.C.M. 1921; amd. Sec. 1, Ch. 130, L. 1925; re-en. Sec. 5149, R.C.M. 1935; amd. Sec. 3, Ch. 97, L. 1947; amd. Sec. 2, Ch. 75, L. 1953; amd. Sec. 2, Ch. 77, L. 1959; amd. Sec. 1, Ch. 118, L. 1959; amd. Sec. 1, Ch. 2, L. 1965; amd. Sec. 1, Ch. 333, L. 1969; amd. Sec. 1, Ch. 120, L. 1973; R.C.M. 1947, 11-2010(part); amd. Sec. 1, Ch. 213, L. 1979; amd. Sec. 390, Ch. 571, L. 1979; amd. Sec. 1, Ch. 27, L. 1981; amd. Sec. 1, Ch. 502, L. 1983; amd. Sec. 23, Ch. 250, L. 1985; amd. Sec. 1, Ch. 146, L. 1991; amd. Sec. 6, Ch. 591, L. 1991; amd. Sec. 6, Ch. 254, L. 1999; amd. Sec. 6, Ch. 499, L. 2007; amd. Sec. 161, Ch. 49, L. 2015; amd. Sec. 7, Ch. 372, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2107. Contracts for fire protection services

7-33-2107. Contracts for fire protection services.
(1) The trustees of a fire district may enter into contracts for fire protection services.
(2) All money received from contracts must be deposited in the county treasurer's office and credited to the fire district fund holding the contracts.
(3) The relationship between the fire district and the entity with which the district has contracted is that of an independent contractor.
History: (1) thru (4)En. Sec. 1, Ch. 107; L. 1911; amd. Sec. 1, Ch. 19, L. 1921; re-en. Sec. 5149, R.C.M. 1921; amd. Sec. 1, Ch. 130, L. 1925; re-en. Sec. 5149, R.C.M. 1935; amd. Sec. 3, Ch. 97, L. 1947; amd. Sec. 2, Ch. 75, L. 1953; amd. Sec. 2, Ch. 77, L. 1959; amd. Sec. 1, Ch. 118, L. 1959; amd. Sec. 1, Ch. 2, L. 1965; amd. Sec. 1, Ch. 333, L. 1969; amd. Sec. 1, Ch. 120, L. 1973; Sec. 11-2010, R.C.M. 1947; (5)En. Sec. 3237, Pol. C. 1895; re-en. Sec. 2081, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. 1915; amd. Sec. 1, Ch. 16, L. 1921; re-en. Sec. 5148, R.C.M. 1921; amd. Sec. 1, Ch. 15, L. 1931; re-en. Sec. 5148, R.C.M. 1935; amd. Sec. 1, Ch. 118, L. 1945; amd. Sec. 2, Ch. 97, L. 1947; amd. Sec. 1, Ch. 75, L. 1953; amd. Sec. 1, Ch. 75, L. 1957; amd. Sec. 1, Ch. 48, L. 1959; amd. Sec. 1, Ch. 77, L. 1959; amd. Sec. 1, Ch. 49, L. 1963; amd. Sec. 1, Ch. 45, L. 1969; amd. Sec. 2, Ch. 81, L. 1977; Sec. 11-2008, R.C.M. 1947; R.C.M. 1947, 11-2008(part), 11-2010(c); amd. Sec. 7, Ch. 499, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2108. Mutual aid agreements -- request if no agreement exists -- definitions

7-33-2108. 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) Fire district trustees may enter mutual aid agreements with the proper authority of:
(a) other fire districts;
(b) unincorporated municipalities;
(c) incorporated municipalities;
(d) state agencies;
(e) private fire prevention agencies;
(f) federal agencies;
(g) fire service areas;
(h) governing bodies of other political subdivisions in Montana; and
(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 fire district trustees have not concluded a mutual aid agreement, then the trustees, a representative of the trustees, or an incident commander may request assistance pursuant to 10-3-209.
(4) As used in this section, "incidents", "disasters", and "emergencies" have the meanings provided in 10-3-103.
History: En. Sec. 1, Ch. 107, L. 1911; amd. Sec. 1, Ch. 19, L. 1921; re-en. Sec. 5149, R.C.M. 1921; amd. Sec. 1, Ch. 130, L. 1925; re-en. Sec. 5149, R.C.M. 1935; amd. Sec. 3, Ch. 97, L. 1947; amd. Sec. 2, Ch. 75, L. 1953; amd. Sec. 2, Ch. 77, L. 1959; amd. Sec. 1, Ch. 118, L. 1959; amd. Sec. 1, Ch. 2, L. 1965; amd. Sec. 1, Ch. 333, L. 1969; amd. Sec. 1, Ch. 120, L. 1973; R.C.M. 1947, 11-2010(d); amd. Sec. 2, Ch. 149, L. 1993; amd. Sec. 1, Ch. 46, L. 1997; amd. Sec. 1, Ch. 292, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2110. Volunteer fire districts or companies -- fire departments -- not affected by city-county consolidation

7-33-2110. Volunteer fire districts or companies -- fire departments -- not affected by city-county consolidation.
(1) Notwithstanding any other provision of law, the adoption of a city-county consolidated local government has no effect on the existence of a volunteer fire department, a volunteer fire company, or a fire district created and legally in existence pursuant to the provisions of this part unless otherwise specifically provided by charter.
(2) A right or benefit of any member of a volunteer fire district, company, or department created pursuant to the provisions of this part in a retirement or pension plan or payments provided under Title 19, chapter 17, may not be abrogated by the adoption of a city-county consolidated local government unless otherwise specifically provided by charter.
History: En. Sec. 1, Ch. 193, L. 1979; amd. Sec. 1, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2111. Fire district capital improvement fund authorized

7-33-2111. Fire district capital improvement fund authorized.
The trustees of a fire district may establish a capital improvement fund in accordance with the provisions of Title 7, chapter 6, part 6.
History: En. Sec. 1, Ch. 224, L. 1991; amd. Sec. 3, Ch. 443, L. 2001; amd. Sec. 6, Ch. 35, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2112. Minutes

7-33-2112. Minutes.
The board administering and operating the district shall submit the minutes of its proceedings for electronic storage as provided in 7-1-204.
History: En. Sec. 20, Ch. 262, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2116. Payment of partial salary to rural firefighter injured in performance of duty

7-33-2116. Payment of partial salary to rural firefighter injured in performance of duty.
(1) A full-paid firefighter who is an employee of a rural fire district and who is injured in the performance of the firefighter's duty must be paid by the fire district the difference between the firefighter'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.
(3) This section does not apply to a volunteer firefighter or a part-paid firefighter.
History: En. Sec. 1, Ch. 168, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2122. Repealed

7-33-2122. Repealed.
Sec. 25, Ch. 499, L. 2007.
History: En. Sec. 3237, Pol. C. 1895; re-en. Sec. 2081, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. 1915; amd. Sec. 1, Ch. 16, L. 1921; re-en. Sec. 5148, R.C.M. 1921; amd. Sec. 1, Ch. 15, L. 1931; re-en. Sec. 5148, R.C.M. 1935; amd. Sec. 1, Ch. 118, L. 1945; amd. Sec. 2, Ch. 97, L. 1947; amd. Sec. 1, Ch. 75, L. 1953; amd. Sec. 1, Ch. 75, L. 1957; amd. Sec. 1, Ch. 48, L. 1959; amd. Sec. 1, Ch. 77, L. 1959; amd. Sec. 1, Ch. 49, L. 1963; amd. Sec. 1, Ch. 45, L. 1969; amd. Sec. 2, Ch. 81, L. 1977; R.C.M. 1947, 11-2008(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2125. Annexation of adjacent territory not contained in a fire district

7-33-2125. Annexation of adjacent territory not contained in a fire district.
(1) Subject to 7-33-4115, adjacent territory within or outside of the limits of an incorporated second-class or third-class city or town that is not already a part of a fire district may be annexed in the following manner:
(a) A petition in writing by the owners of 40% or more of the real property within the proposed area to be annexed and owners of property representing 40% or more of the taxable value of property within the proposed area to be annexed must be presented to the board of trustees of the district for approval. If the proposed annexation is approved by the board of trustees, the petition must be presented to the board of county commissioners.
(b) At the first regular meeting of the board of county commissioners after the presentation of the petition, the commissioners shall set a date to hold a hearing on the petition. The date of the hearing may not be less than 4 weeks after the date of the presentation of the petition to the board of county commissioners. The board of county commissioners shall publish notice of the hearing as provided in 7-1-2121 or as provided in 7-1-4127 if any part of the area proposed to be annexed is within an incorporated second-class or third-class city or town.
(2) On the date set for the hearing, the board of county commissioners shall consider the petition and any objections to the annexation. The board shall approve the annexation unless a protest petition signed by at least 40% of the owners of real property in the area proposed for annexation and owners of property representing 40% or more of the taxable value of the property in the area proposed for annexation is presented at the hearing, in which case the annexation must be disapproved.
(3) The annexed territory is liable for any outstanding warrant and bonded indebtedness of the original district.
(4) (a) Subject to 7-33-4115, territory that is within the limits of an incorporated second-class or third-class city or town may be annexed only upon the approval of the city or town governing body.
(b) A second-class or third-class city or town may withdraw from the district territory that has been annexed under this section 2 years after providing to the board of county commissioners notice of intent to withdraw.
History: En. Sec. 3237, Pol. C. 1895; re-en. Sec. 2081, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. 1915; amd. Sec. 1, Ch. 16, L. 1921; re-en. Sec. 5148, R.C.M. 1921; amd. Sec. 1, Ch. 15, L. 1931; re-en. Sec. 5148, R.C.M. 1935; amd. Sec. 1, Ch. 118, L. 1945; amd. Sec. 2, Ch. 97, L. 1947; amd. Sec. 1, Ch. 75, L. 1953; amd. Sec. 1, Ch. 75, L. 1957; amd. Sec. 1, Ch. 48, L. 1959; amd. Sec. 1, Ch. 77, L. 1959; amd. Sec. 1, Ch. 49, L. 1963; amd. Sec. 1, Ch. 45, L. 1969; amd. Sec. 2, Ch. 81, L. 1977; R.C.M. 1947, 11-2008(4)(a); amd. Sec. 1, Ch. 678, L. 1983; amd. Sec. 65, Ch. 354, L. 2001; amd. Sec. 14, Ch. 499, L. 2007; amd. Sec. 7, Ch. 74, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2126. Annexation of adjacent territory contained in a fire district

7-33-2126. Annexation of adjacent territory contained in a fire district.
(1) Adjacent territory that is already a part of a fire district may withdraw from the fire district and become annexed to another fire district in the following manner:
(a) A petition in writing by 40% or more of the owners of real property within the area proposed to be transferred and owners of 40% or more of the taxable value of the property within the area proposed to be transferred must be presented to the county commissioners, asking that the area be transferred to and included in any other organized fire district to which the area is adjacent. The petition must describe the change of boundaries to be affected by the proposed transfer of area.
(b) The commissioners shall hold a hearing on the petition in accordance with the procedure outlined in 7-33-2142. The transfer must be allowed unless protests are presented at the hearing by the owners of 40% or more of the real property in either district and owners of property representing 40% or more of the taxable value in either district.
(2) The transfer may be allowed only upon a showing of more advantageous proximity and communications with the firefighting facilities of the other district.
History: En. Sec. 3237, Pol. C. 1895; re-en. Sec. 2081, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. 1915; amd. Sec. 1, Ch. 16, L. 1921; re-en. Sec. 5148, R.C.M. 1921; amd. Sec. 1, Ch. 15, L. 1931; re-en. Sec. 5148, R.C.M. 1935; amd. Sec. 1, Ch. 118, L. 1945; amd. Sec. 2, Ch. 97, L. 1947; amd. Sec. 1, Ch. 75, L. 1953; amd. Sec. 1, Ch. 75, L. 1957; amd. Sec. 1, Ch. 48, L. 1959; amd. Sec. 1, Ch. 77, L. 1959; amd. Sec. 1, Ch. 49, L. 1963; amd. Sec. 1, Ch. 45, L. 1969; amd. Sec. 2, Ch. 81, L. 1977; R.C.M. 1947, 11-2008(4)(b); amd. Sec. 15, Ch. 499, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2127. Withdrawal by owner of individual tract adjacent to municipality

7-33-2127. Withdrawal by owner of individual tract adjacent to municipality.
In lieu of the detraction procedure provided in 7-33-2142 and 7-33-2143, whenever a person owns land adjacent to a city or town and wishes to have only that land annexed to the city or town, the land may be detracted as follows:
(1) The owner shall mail notice to the presiding officer of the trustees of the fire district or, if there are no trustees, to the board of county commissioners of the owner's intention to request annexation.
(2) The owner shall attach a copy of this notice of intention to the petition to the municipal governing body requesting annexation.
(3) Following adoption of the annexation order under 7-2-4714, the land is detracted from the fire district.
History: En. Sec. 3237, Pol. C. 1895; re-en. Sec. 2081, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. 1915; amd. Sec. 1, Ch. 16, L. 1921; re-en. Sec. 5148, R.C.M. 1921; amd. Sec. 1, Ch. 15, L. 1931; re-en. Sec. 5148, R.C.M. 1935; amd. Sec. 1, Ch. 118, L. 1945; amd. Sec. 2, Ch. 97, L. 1947; amd. Sec. 1, Ch. 75, L. 1953; amd. Sec. 1, Ch. 75, L. 1957; amd. Sec. 1, Ch. 48, L. 1959; amd. Sec. 1, Ch. 77, L. 1959; amd. Sec. 1, Ch. 49, L. 1963; amd. Sec. 1, Ch. 45, L. 1969; amd. Sec. 2, Ch. 81, L. 1977; R.C.M. 1947, 11-2008(5); amd. Sec. 723, Ch. 61, L. 2007; amd. Sec. 16, Ch. 499, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2128. Dissolution of fire district

7-33-2128. Dissolution of fire district.
(1) Subject to subsection (2), a fire district organized under this part may be dissolved by the board of county commissioners upon presentation of a petition for dissolution signed by the owners of 40% or more of the real property in the area and owners of property representing 40% or more of the taxable value of property in the area. The procedure and requirements provided in 7-33-2101 through 7-33-2103 apply to requests for dissolution of fire districts.
(2) A board of county commissioners may not dissolve a fire district that includes territory within the limits of an incorporated second-class or third-class city or town unless the dissolution is approved by the governing body of the city or town.
History: En. Sec. 3237, Pol. C. 1895; re-en. Sec. 2081, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. 1915; amd. Sec. 1, Ch. 16, L. 1921; re-en. Sec. 5148, R.C.M. 1921; amd. Sec. 1, Ch. 15, L. 1931; re-en. Sec. 5148, R.C.M. 1935; amd. Sec. 1, Ch. 118, L. 1945; amd. Sec. 2, Ch. 97, L. 1947; amd. Sec. 1, Ch. 75, L. 1953; amd. Sec. 1, Ch. 75, L. 1957; amd. Sec. 1, Ch. 48, L. 1959; amd. Sec. 1, Ch. 77, L. 1959; amd. Sec. 1, Ch. 49, L. 1963; amd. Sec. 1, Ch. 45, L. 1969; amd. Sec. 2, Ch. 81, L. 1977; R.C.M. 1947, 11-2008(2); amd. Sec. 17, Ch. 499, L. 2007; amd. Sec. 8, Ch. 74, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2129. Annexation of rural fire district property by municipality -- responsibility for debt

7-33-2129. Annexation of rural fire district property by municipality -- responsibility for debt.
(1) If a municipality annexes property from a rural fire district, the annexed property is liable for any bonded debt of the rural fire district or for secured debt incurred by the district for the purchase of real or personal property existing as of the date the annexation proceeding was commenced to the same extent as it would have been liable if not withdrawn.
(2) A municipality shall:
(a) offset the municipal mills levied on the annexed property by the mills levied on the property for bonded or secured debt; or
(b) annually appropriate funds to the rural fire district in an amount equal to the mills levied on the annexed property for bonded or secured debt.
History: En. Sec. 2, Ch. 459, L. 1991; amd. Sec. 1, Ch. 95, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2141. Division of fire district authorized

7-33-2141. Division of fire district authorized.
Fire districts may be divided as provided in 7-33-2142 through 7-33-2144.
History: En. Sec. 3237, Pol. C. 1895; re-en. Sec. 2081, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. 1915; amd. Sec. 1, Ch. 16, L. 1921; re-en. Sec; 5148, R.C.M. 1921; amd. Sec. 1, Ch. 15, L. 1931; re-en. Sec. 5148, R.C.M; 1935; amd. Sec. 1, Ch. 118, L. 1945; amd. Sec. 2, Ch. 97, L. 1947; amd; Sec. 1, Ch. 75, L. 1953; amd. Sec. 1, Ch. 75, L. 1957; amd. Sec. 1, Ch; 48, L. 1959; amd. Sec. 1, Ch. 77, L. 1959; amd. Sec. 1, Ch. 49, L. 1963; amd. Sec. 1, Ch. 45, L. 1969; amd. Sec. 2, Ch. 81, L. 1977; R.C.M. 1947, 11-2008(part); amd. Sec. 10, Ch. 499, L. 2007; Sec. 7-33-2121, MCA 2005; redes. 7-33-2141 by Code Commissioner, 2007.