HOUSE BILL NO. 575

INTRODUCED BY T. DELL, M. BRAINARD

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING AN ORGANIZATION TO FILE WITH A BOARD OF COUNTY COMMISSIONERS A DECLARATION OF INTENT TO MAINTAIN A RURAL ROAD; AND ALLOWING AN ORGANIZATION TO MAINTAIN A RURAL ROAD WITHOUT ACCEPTING LIABILITY."

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

NEW SECTION. Section 1. Unmaintained rural road -- maintenance services -- liability limitation. (1) A community-based organization or a nonprofit organization that is exempt from taxation under section 501(c) of the Internal Revenue Code may file with a board of county commissioners a declaration of intent to maintain an unmaintained rural road.

(2) The organization that files a declaration of intent pursuant to subsection (1) is not liable for any damage to property or injury to a person that occurs while the organization is maintaining the road.

(3) Once the declaration of intent has been filed, the organization shall maintain the road and shall erect signs indicating that:

(a) the road is being maintained by the organization; and

(b) persons using the road do so at their own risk.

(4) For the purposes of this section, a "rural road" is a road that is outside of an incorporated city or town, exclusive of roads that are part of the primary highway system and the national highway system.

NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 7, chapter 14, part 1, and the provisions of Title 7, chapter 14, part 1, apply to [section 1].

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