10-3-111. Personnel immune from liability. (1) The state, a political subdivision of the state, or the agents or representatives of the state or a political subdivision of the state are not liable for personal injury or property damage sustained by a person appointed or acting as a volunteer civilian defense or other response and recovery activity worker, a volunteer professional, or a member of an agency engaged in civilian defense or other response and recovery activity during an incident, disaster, or emergency. This section does not affect the right of a person to receive benefits or compensation to which the person might otherwise be entitled under the workers' compensation law or a pension law or an act of congress.
(2) The following individuals or entities are not liable for the death or injury of individuals or for damage to property as a result of an act or omission specifically arising out of activities undertaken in response to an incident, disaster, or emergency and while complying with or reasonably attempting to comply with parts 1 through 4 and 12 of this chapter or an order or rule promulgated under the provisions of parts 1 through 4 and 12 of this chapter:
(a) the state or a political subdivision of the state;
(b) except in cases of willful misconduct, gross negligence, or bad faith:
(i) the employees, agents, or representatives of the state or a political subdivision of the state; or
(ii) a volunteer or auxiliary civilian defense or other response and recovery activity worker, a member of an agency engaged in civilian defense or other response and recovery activity, a volunteer professional, or the owners of facilities used for civil defense or other response and recovery shelters pursuant to a fallout shelter license or privilege agreement or pursuant to an ordinance relating to blackout or other precautionary measures enacted by a political subdivision of the state.
History: En. Sec. 10, Ch. 218, L. 1951; Sec. 77-1310, R.C.M. 1947; amd. and redes. 77-2308 by Sec. 15, Ch. 94, L. 1974; rep. Sec. 15, Ch. 49, L. 1977; re-en. Sec. 2, Ch. 73, L. 1977; R.C.M. 1947, 77-2308; amd. Sec. 4, Ch. 176, L. 1995; amd. Sec. 1, Ch. 520, L. 1999; amd. Sec. 5, Ch. 63, L. 2009; amd. Sec. 3, Ch. 255, L. 2009.
Structure Montana Code Annotated
Title 10. Military Affairs and Disaster and Emergency Services
Chapter 3. Disaster and Emergency Services
Part 1. General Provisions and Administration
10-3-101. Declaration of policy
10-3-104. General authority of governor
10-3-105. Division of disaster and emergency services -- duties
10-3-107. National defense highway plans
10-3-108. and 10-3-109 reserved
10-3-111. Personnel immune from liability
10-3-112. Employment requirements for personnel -- political involvement of organizations prohibited
10-3-113. Identification -- civil defense symbol
10-3-115. through 10-3-117 reserved
10-3-118. Interstate licensure recognition -- volunteer professionals
10-3-119. Administrative disciplinary sanctions
10-3-120. Rulemaking authority
10-3-122. Legislative poll -- continuation of state of emergency or disaster
10-3-123. Claim or defense against state action -- remedies -- limitations
10-3-124. Protections against government discrimination
10-3-125. Claims or defense against state action -- remedies -- limitations