2001 Montana Legislature

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SENATE BILL NO. 200

INTRODUCED BY M. TAYLOR



A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING THAT WEED MANAGEMENT DISTRICTS AND DISTRICT WEED BOARDS ARE POLITICAL SUBDIVISIONS FOR PURPOSES OF TITLE 2, CHAPTER 9, PARTS 1 THROUGH 3, MCA; RETAINING A GROSS NEGLIGENCE STANDARD FOR LIABILITY FOR USE OF HERBICIDES; AND AMENDING SECTION 7-22-2111, MCA."



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



     Section 1.  Section 7-22-2111, MCA, is amended to read:

     "7-22-2111.  Liability restrictions. (1) A district, as defined in 7-22-2101, and a district weed board appointed under 7-22-2103 are political subdivisions, as defined in 2-9-101(5).

     (2) A district or district weed board is liable for damages caused by its use of herbicides only for an act or omission that constitutes gross negligence. The provisions of 2-9-305 apply to board members, supervisors, and employees of a district."

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