Senate Bill No. 77

Introduced By jenkins

By Request of the Department of Military Affairs



A Bill for an Act entitled: "An Act providing for requests for assistance with an incident, emergency, or disaster by political subdivisions, fire districts, fire service areas, or fire companies in unincorporated areas that have not concluded mutual aid agreements; eliminating the requirement that requests for assistance may only be made to state agencies with fire prevention services; requiring the division of disaster and emergency services of the department of military affairs to encourage mutual aid agreements for purposes of and to assist in incidents; providing for indemnification IMMUNITY of fire districts, fire services areas, or fire companies providing OR REFUSING TO PROVIDE assistance; and amending sections 7-33-2108, 7-33-2202, 7-33-2208, 7-33-2313, 7-33-2405, 7-33-4112, and 10-3-202, MCA."



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 7-33-2108, MCA, is amended to read:

"7-33-2108.   Mutual aid agreements -- request if no agreement exists -- DEFINITIONS. (1) A mutual aid agreement is an agreement for protection against natural or manmade disasters, INCIDENTS, OR EMERGENCIES or disasters, INCIDENTS, OR EMERGENCIES caused by persons.

(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 which have fire-prevention services;

(e)  private fire-prevention agencies;

(f)  federal agencies; and

(g)  fire service areas; AND

(H) GOVERNING BODIES OF OTHER POLITICAL SUBDIVISIONS.

(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 [section 5 8].

(4) AS USED IN THIS SECTION, "INCIDENTS", "DISASTERS", OR "EMERGENCIES" HAS THE MEANING ASCRIBED TO THE TERM IN 10-3-103."



SECTION 2.  SECTION 7-33-2202, MCA, IS AMENDED TO READ:

"7-33-2202.   Functions of county governing body. The county governing body, with respect to rural fire control, shall carry out the specific authorities and duties hereinafter imposed in this section:

(1)  The governing body shall:

(a)  provide for the organization of volunteer rural fire control crews; and

(b)  provide for the formation of county volunteer fire companies.

(2)  The governing body shall appoint a county rural fire chief and such district rural fire chiefs, subject to the direction and supervision of the county rural fire chief, as it considers necessary.

(3)  The county governing body shall, within the limitations of 7-33-2205 through 7-33-2209, protect the range, farm, and forest lands within the county from fire.

(4)  The county governing body may enter into mutual aid agreements for itself and for county volunteer fire companies with federal, state, local, and other fire protection agencies, including governing bodies of adjoining counties:

(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; or

(h) governing bodies of other political subdivisions.

(5) If the county governing body has not concluded a mutual aid agreement, the county governing body, a representative of the county governing body, or an incident commander may request assistance pursuant to [section 8]."



SECTION 3.  SECTION 7-33-2208, MCA, IS AMENDED TO READ:

"7-33-2208.   Fire control powers -- liability. (1) Any county rural fire chief, district rural fire chief or his deputy, or fire service area or fire company fire chief or his deputy may enter private property or direct the entry of fire control crews for the purpose of suppressing fires.

(2)  A chief or deputy and the county, rural district, fire company, or fire service area are immune from suit for injury to persons or property resulting from actions taken to suppress fires under [section 8] or this section. An entity or individual listed in this section is also immune from suit for injury to persons or property resulting from a determination not to provide assistance requested pursuant to [section 8]."



Section 4.  Section 7-33-2313, MCA, is amended to read:

"7-33-2313.   Duties Powers and duties of chief -- REQUEST FOR ASSISTANCE -- DEFINITIONS. (1) The chief of every fire department must shall inquire into the cause of every fire occurring in the town in which he is the chief serves as the chief and must keep a record thereof of every fire. He The chief must aid in the enforcement of all duly enacted fire ordinances, examine buildings in the process of erection, report violations of ordinances relating to prevention or extinguishment of fires and, when directed by the proper authorities, institute prosecutions therefor for the violation of those ordinances, and perform such other duties as may be imposed upon him the chief by proper authority. His The chief's compensation, if any, must be fixed and paid by the city or town authorities. He The chief must attend all fires, with his the chief's badge of office conspicuously displayed. He The chief must shall prevent injury to, take charge of, and preserve all property rescued from fires and return it to the owner on the payment of the expenses incurred in saving and keeping it. The amount of the expenses, when not agreed to, shall must be fixed by a justice of the peace.

(2)  He must The chief shall devise and formulate or cause to be devised and formulated a course or plan of instruction or training program making available to each regular member of his the chief's department not less than 30 hours of instruction per year in matters pertaining to firefighting, and he must the chief shall supervise the operation of such the plan or program.

(3) If the county commissioners, trustees of a fire district, or governing body of a fire service area have not concluded a mutual aid agreement to protect an unincorporated town or village against natural incidents, emergencies, or disasters or incidents, emergencies, or disasters caused by persons, the chief may request assistance pursuant to [section 5 8].

(4) AS USED IN THIS SECTION, "INCIDENTS", "DISASTERS", OR "EMERGENCIES" HAS THE MEANING ASCRIBED TO THE TERM IN 10-3-103."



Section 5.  Section 7-33-2405, MCA, is amended to read:

"7-33-2405.   Mutual aid agreements -- request if no agreement exists -- DEFINITIONS. (1) A mutual aid agreement is an agreement for protection against natural or manmade disasters, INCIDENTS, OR EMERGENCIES or disasters, INCIDENTS, OR EMERGENCIES caused by persons.

(2)  The governing body of a fire service area may enter mutual aid agreements with the proper authority of:

(a)  other fire service areas;

(b)  unincorporated municipalities;

(c)  incorporated municipalities;

(d)  state agencies that have fire-prevention services;

(e)  private fire-prevention agencies;

(f)  federal agencies; and

(g)  fire districts; AND

(H) GOVERNING BODIES OF OTHER POLITICAL SUBDIVISIONS.

(3) If the governing body of a fire service area has not concluded a mutual aid agreement, the governing body, a representative of the governing body, or an incident commander may request assistance pursuant to [section 5 8].

(4) AS USED IN THIS SECTION, "INCIDENTS", "DISASTERS", OR "EMERGENCIES" HAS THE MEANING ASCRIBED TO THE TERM IN 10-3-103."



SECTION 6.  SECTION 7-33-4112, MCA, IS AMENDED TO READ:

"7-33-4112.   Mutual aid agreements -- request if no agreement exists -- definitions. (1) A mutual aid agreement is an agreement for protection against natural disasters, incidents, or emergencies or manmade disasters, incidents, or emergencies caused by persons.

(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 which have fire protection services;

(e)  private fire-prevention agencies;

(f)  federal agencies; and

(g)  fire service areas; or

(h) the governing body of other political subdivisions.

(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 [section 8].

(4) As used in this section, "incidents", "disasters", or "emergencies" has the meaning ascribed to the term in 10-3-103."



Section 7.  Section 10-3-202, MCA, is amended to read:

"10-3-202.   Mutual aid -- cooperation. (1) Political subdivisions shall, FIRE DISTRICTS, FIRE SERVICE AREAS, AND FIRE COMPANIES IN UNINCORPORATED PLACES must be encouraged and assisted by the division to conclude mutual aid arrangements with other public and private agencies within this state for reciprocal aid and assistance in coping with incidents, emergencies, and disasters.

(2)  In reviewing disaster and emergency plans and programs of political subdivisions, the division shall consider whether they contain adequate provisions for the reciprocal mutual aid.

(3)  Local and interjurisdictional disaster and emergency agencies may assist in negotiation of reciprocal mutual aid agreements between the governor and the adjoining states (including foreign states or provinces) or political subdivisions thereof of adjoining states and shall carry out arrangements of any such of the agreements relating to the local and political subdivision.

(4)  In providing assistance under parts 1 through 4 of this chapter, state departments and agencies shall cooperate to the fullest extent possible with each other and with local governments and relief agencies such as the American national red cross, but nothing. contained in parts Parts 1 through 4 of this chapter lists do not list or in any way affects affect the responsibilities of the American national red cross under the act approved January 5, 1905 (33 Stat. 559), as amended."



NEW SECTION. Section 8.  Political subdivision requests for assistance -- application to fire districts, fire service areas, and fire companies in unincorporated places -- indemnification required -- immunity. (1) If an incident, emergency, or disaster occurs in a political subdivision that has not concluded a mutual aid agreement pursuant to 10-3-202, the local or interjurisdictional agency, incident commander, or principal executive officer of the political subdivision may request assistance from another public or private agency.

(2)(a) The following individuals or entities may request assistance with an incident, emergency, or disaster if a mutual aid agreement has not been concluded for protection of the area within the jurisdiction of these individuals or entities:

(i) the trustees of a rural fire district created pursuant to Title 7, chapter 33, part 21, a representative of the trustees, or an incident commander for the district;

(ii) the chief of a rural fire company organized pursuant to 7-33-2311 or an incident commander for the chief;

(iii) the governing body of a fire service area created pursuant to Title 7, chapter 33, part 24, a representative of the governing body, or an incident commander for the area.

(b) A request for assistance by an individual or entity under subsection (2)(a) may be made to any of the following:

(i) a fire district;

(ii) an unincorporated municipality;

(iii) an incorporated municipality;

(iv) a state agency;

(v) a private fire prevention agency;

(vi) an agency of the federal government; or

(vii) a fire service area; OR

(VIII) THE GOVERNING BODY OF A POLITICAL SUBDIVISION.

(3) A public or private agency receiving a request pursuant to subsection (1) or (2) shall determine if it will provide the requested assistance, or will provide other assistance, and shall inform the requesting local or interjurisdictional agency, principal executive officer, incident commander, or other individual or entity making the request, as soon as possible, of that determination. The nature and extent of assistance provided by a public or private agency may be determined only by that public or private agency.

(4) The incident commander of the local or interjurisdictional agency making a request for assistance has overall responsibility for command of the resources provided by a public or private agency responding to a request. However, operational control of individual pieces of equipment and personnel furnished by the responding public or private agency remains with that agency.

(5) The trustees of a fire district, the governing body of a fire service area, or the county commissioners for the county in which an unincorporated town or village is located that is not part of a fire district or fire service area receiving assistance pursuant to this section shall indemnify the public or private agency providing assistance for loss or damage caused by that assistance.

(6)(5) This section does not waive an immunity or limitation on liability applicable to any of the following entities or individuals requesting or receiving assistance pursuant to this section:

(a) a fire district;

(b) a fire service area;

(c) a fire company;

(d) an unincorporated municipality, town, or village; or

(E) A POLITICAL SUBDIVISION; OR

(e)(F) an agent, employee, representative, or volunteer of an entity listed in this subsection.



NEW SECTION. SECTION 9.  TWO-THIRDS VOTE REQUIRED. BECAUSE [SECTION 3] LIMITS GOVERNMENTAL LIABILITY, ARTICLE II, SECTION 18, OF THE MONTANA CONSTITUTION REQUIRES A VOTE OF TWO-THIRDS OF THE MEMBERS OF EACH HOUSE OF THE LEGISLATURE FOR PASSAGE.



NEW SECTION. Section 10.  Codification instruction. [Section 5 8] is intended to be codified as an integral part of Title 10, chapter 3, part 2, and the provisions of Title 10, chapter 3, part 2, apply to [section 5 8].

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