SB 198 generally revises professional occupation laws related to private security by clarifying several key definitions. The bill amends Section 37-60-101, MCA, to refine the definitions of "electronic security firm," "private security guard," and "security alarm installer." It specifies that an "electronic security firm" employs security alarm installers and excludes locksmiths who also install certain camera or door devices from being classified under these terms. Additionally, it updates the employer of a "private security guard" from an "agency" to a "firm."
SB 190 allows individuals or entities applying for new water use permits or changes to existing water rights to streamline their application process. This is achieved by enabling existing water right holders to voluntarily provide written consent. If consent is given, the applicant is no longer required to prove that their proposed water use will not negatively affect the specific consenting water rights. This change aims to simplify the permit approval process under certain conditions.
HB 233 establishes a process for homeowners' associations (HOAs) to acquire ownership of open spaces, parks, and common-use areas within a recorded subdivision plat. An HOA can petition the local governing body for this transfer if its covenants require it to maintain these areas and the original subdivider intended for the HOA to own them. The process includes a public hearing where the governing body reviews the petition and makes a decision based on specific criteria. If approved, the transfer of title to the HOA is officially recorded, allowing the HOA to formally own and manage these common areas.
SB 101 creates new offenses for "unlawful squatting" (entering and staying on property without owner consent) and "fraudulent sale or lease" (advertising property for sale/rent without legal rights). Property owners gain clearer authority to request law enforcement removal of unauthorized occupants, with officers allowed to charge a service fee. Occupants convicted of unlawful squatting face misdemeanor penalties and must pay restitution equal to fair market rent for their stay. The bill also establishes a civil remedy for wrongful removal claims, allowing affected individuals to seek damages and attorney fees.
SB 124 revises electronic license privacy law in Montana. It clarifies that displaying an electronic driver's license on a device or handing the device to a peace officer does not grant consent for the officer to search or seize that electronic device. This bill directly affects individuals who use electronic driver's licenses and law enforcement officers, establishing a clear boundary for device privacy during traffic stops or similar interactions.
SB 23 revises railroad accident reporting requirements for companies operating in Montana. The bill amends current law to empower the Public Service Commission to adopt rules that set specific thresholds for when a railroad accident must be reported. This grants the Commission the authority to define the criteria for reportable incidents, rather than requiring companies to report every accident. The changes directly affect railroad companies operating in the state and the Public Service Commission.
SB 275 allows a local governing body to revoke an agricultural covenant on land that has been annexed into a municipality. This means that if agricultural land, previously exempt from subdivision review due to such a covenant, becomes part of a city or town, the covenant can be removed. Once revoked under these conditions, any subsequent division of that land can proceed without undergoing the standard subdivision review process.
SB 288 establishes guidelines for handling law enforcement weapons involved in officer-involved shootings. When such an incident occurs, the officer's weapon must be collected by investigators for forensic examination, including photography and test firing at the state laboratory. Once the investigation is complete, and provided no appeals are pending or criminal charges are filed or contemplated against the officer, the weapon must be returned to the law enforcement agency within 7 days for redeployment.
Senate Bill 113 clarifies which personal belongings inside a towed motor vehicle are exempt from towing and storage liens. The bill specifies that consumer food products and perishable goods not intended for resale are exempt. It also protects original personal identifying documents, various original records (personal, legal, business), and financial items like cash, credit cards, and checks from being subject to the lien. Additionally, child safety items and containers like wallets or purses that hold these exempt items are also excluded from the lien. This legislation aims to provide clarity for both tow truck operators and vehicle owners regarding these exemptions.
SB 315 revises laws related to the Petroleum Tank Release Compensation Board, establishing new procedures for reimbursing owners and operators of Montana petroleum facilities for preventative measures. These measures include the removal of inactive tanks, upgrades to automatic tank gauges, and replacement of older single-walled tanks and piping. Owners or operators can receive up to $2,000 per facility every 1,000 days for approved preventative actions. The bill also modifies procedures for discussing responses to petroleum releases, making meetings discretionary for releases under $100,000.
SB 310 revises and renames the existing trails and recreational facilities grant program as the "Trail Stewardship Grant Program." It directly affects cities, counties, tribal governments, school districts, recreational clubs, and state and federal agencies by expanding the types of projects eligible for funding. New eligible projects include trail-related studies, data collection, safety education, and equipment purchases and maintenance. The bill also specifies that grant funds will be apportioned for motorized, nonmotorized, and mixed-use projects, and allows for advance payments of up to 75% of awarded grant funds.
SB 488 revises consumer protection laws, impacting businesses, the Department of Justice, and individual consumers. The bill explicitly includes false or misleading consumer reviews and testimonials as unfair or deceptive practices. It establishes a 5-year statute of limitations for the Department of Justice to bring action upon discovering unlawful practices and clarifies the timeframe for individuals to file lawsuits. Additionally, it modifies rules for damages and attorney fees in individual consumer actions, including setting a cap on hourly attorney fees and limiting their award based on the amount of actual damages.
