10-3-912. Liability -- immunity. (1) All activities performed pursuant to a request for assistance as provided for in this part are considered to be governmental functions.
(2) Except as provided in 10-3-911, a person responding to a request for assistance who is under the operational control of the requesting member jurisdiction, as provided for in 10-3-908, is considered for the purposes of liability to be an employee of the requesting member jurisdiction.
(3) Except in the case of willful misconduct, gross negligence, or bad faith, the member jurisdiction or an employee of the member jurisdiction is immune from liability for the death of or injury to any person or for damage to property if the member jurisdiction or the employee of the member jurisdiction is complying with or attempting to comply with the system.
History: En. Sec. 12, Ch. 354, L. 2005.
Structure Montana Code Annotated
Title 10. Military Affairs and Disaster and Emergency Services
Chapter 3. Disaster and Emergency Services
Part 9. Intrastate Mutual Aid System
10-3-903. Statewide mutual aid system -- definitions
10-3-904. Montana intrastate mutual aid committee -- members -- officers -- meetings -- compensation
10-3-905. Montana intrastate mutual aid committee -- duties
10-3-906. Intrastate mutual aid system -- initial participation -- withdrawing
10-3-907. Intrastate mutual aid system -- request for assistance
10-3-908. Intrastate mutual aid system -- limitation on assistance -- command and control
10-3-909. Intrastate mutual aid system -- portability of bona fides
10-3-910. Intrastate mutual aid system -- reimbursement -- dispute resolution
10-3-911. Intrastate mutual aid system -- workers' compensation coverage