HOUSE BILL NO. 124

INTRODUCED BY HAINES D

BY REQUEST OF THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION

A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING THE LIABILITY FOR FIRE SUPPRESSION COSTS; ESTABLISHING AN ACCOUNT IN THE STATE SPECIAL REVENUE FUND; AMENDING SECTION 50-63-103, MCA; AND PROVIDING AN EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 50-63-103, MCA, is amended to read:

"50-63-103. Liability of offender for damages and costs -- account. (1) A person who upon any land within this state, whether on the person's own or on another's land, sets or leaves a fire that spreads and damages or destroys property of any kind not the person's own is liable for all damages caused by the fire, and an owner of property damaged or destroyed by the fire may maintain a civil suit for the purpose of recovering damages.

(2) A person who upon any land within this state, whether on the person's own or on another's land, sets or leaves a fire that threatens to spread and damage or destroy property is liable for all costs and expenses incurred by the state of Montana, by any forestry association, or by any person extinguishing or preventing the spread of the fire.

(3) There is an account in the state special revenue fund established in 17-2-102. The first $100,000 collected annually by the state under subsection (2) must be deposited in the account to pay expenses incurred by the department of natural resources and conservation in its fire prevention efforts and programs in wildland/urban interface areas throughout the state."

NEW SECTION. Section 2. Effective date. [This act] is effective July 1, 1999.

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