SENATE BILL NO. 434
INTRODUCED BY TROPILA
AN ACT EXTENDING IMMUNITY TO PRIVATE RESPONSE TEAMS CONTRACTED BY THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR A LOCAL OR TRIBAL EMERGENCY RESPONSE AUTHORITY RESPONDING TO A HAZARDOUS MATERIAL INCIDENT; REMOVING GOVERNMENTAL IMMUNITY FOR BAD FAITH; AMENDING SECTION 10-3-1217, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 10-3-1217, MCA, is amended to read:
"10-3-1217. Liability of persons and response team members rendering assistance. (1) The state or a political subdivision of the state, the commission, the local emergency response authority, and the state hazardous material incident response team or, except for willful misconduct, gross negligence, or bad faith, an employee, representative, or agent of the state or a political subdivision of the state, the commission, the local emergency response authority, and the state hazardous material incident response team is The following are not liable under this part for injuries, costs, damages, expenses, or other liabilities resulting from the release or threatened release or remedial action resulting from the release or threatened release of a hazardous material:
(a) the state or a political subdivision of the state;
(b) the commission;
(c) the local emergency response authority;
(d) the state hazardous material incident response team;
(e) a private emergency response team dispatched by the state, a political subdivision of the state, or a local or tribal emergency response authority for emergency response activities; and
(f) an employee, representative, or agent of any of the entities listed in subsections (1)(a) through (1)(e), except for willful misconduct or gross negligence.
(2) The immunity includes but is not limited to indemnification, contribution, or third-party claims for wrongful death, personal injury, illness, loss or damages to property, or economic loss.
(3) A person becomes a member of the state hazardous material incident response team when the person is contacted, dispatched, or requested for response regardless of the person's location."
Section 2. Effective date. [This act] is effective on passage and approval.
- END -
Latest
Version of SB 434 (SB0434.ENR)
Processed for the Web on April 14, 2003 (12:12pm)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2003 Legislature | Leg. Branch
Home
All versions of this bill inPDF
Authorized print version w/line numbers
(PDF format)
Prepared by Montana Legislative Services
(406) 444-3064