{"id":"MT-072","kind":"order","level":"state","jurisdiction":"Montana","state":"MT","metro":"","industry":"","agency":"","eco":"","issuer":"Montana Legislature (67th), HB 702, approved by Governor Gianforte May 7, 2021; 2021 Mont. Laws ch. 418","authority":"Mont. Const. art. V; codified at Mont. Code Ann. 49-2-312 (Montana Human Rights Act)","instrument":"House Bill 702 (2021), An Act Prohibiting Discrimination Based on a Person\u0027s Vaccination Status or Possession of an Immunity Passport, codified at Mont. Code Ann. 49-2-312","title":"Mont. Code Ann. 49-2-312. Discrimination based on vaccination status or possession of immunity passport prohibited -- definitions (En. Sec. 1, Ch. 418, L. 2021)","dateIssued":"2021-05-07","effective":"2021-05-07 (\u0027effective on passage and approval\u0027, HB 702 sec. 6(1); appropriation section effective July 1, 2021)","end":"In force through Sept. 30, 2021 and beyond (health-care-facility application later enjoined in federal litigation, Dec. 2022; post-period)","startDate":"2021-05-07","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["VAX","EMP"],"addressees":["all persons and governmental entities","all employers","all public accommodations","health care facilities (accommodation clause)"],"clause":"(1) Except as provided in subsection (2), it is an unlawful discriminatory practice for: (a) a person or a governmental entity to refuse, withhold from, or deny to a person any local or state services, goods, facilities, advantages, privileges, licensing, educational opportunities, health care access, or employment opportunities based on the person\u0027s vaccination status or whether the person has an immunity passport; (b) an employer to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment based on the person\u0027s vaccination status or whether the person has an immunity passport; or (c) a public accommodation to exclude, limit, segregate, refuse to serve, or otherwise discriminate against a person based on the person\u0027s vaccination status or whether the person has an immunity passport.... (4) An individual may not be required to receive any vaccine whose use is allowed under an emergency use authorization or any vaccine undergoing safety trials.","enforcement":"Montana Human Rights Act complaint and remedies (Title 49, ch. 2, part 5); HB 702 sec. 2: licensed nursing homes, long-term care and assisted living facilities exempt while compliance \u0027would result in a violation of regulations or guidance issued by the centers for medicare and medicaid services or the centers for disease control and prevention\u0027","functions":["HR hiring and employment conditions (vaccination requirements prohibited)","CB customers (vaccination-proof for entry prohibited)","IC infection control (health care facilities limited to accommodation measures)","WF"],"notes":"Montana was the first State to make vaccination status a protected class; the statute in force all of Q3 2021 forbade the vaccination-proof and employer-mandate instruments other States adopted, and it is itself a governmental order constraining how every Montana employer and public accommodation operated","sourceUrl":"https://leg.mt.gov/bills/mca/title_0490/chapter_0020/part_0030/section_0120/0490-0020-0030-0120.html","snapshot":"","fileExists":true,"fileBytes":89914,"grade":"primary","character":"","description":"","collection":"MT","url":"/library/MT-072","exhibitUrl":"/exhibit/MT-072","citation":"Montana Legislature (67th), HB 702, approved by Governor Gianforte May 7, 2021; 2021 Mont. Laws ch. 418, House Bill 702 (2021), An Act Prohibiting Discrimination Based on a Person\u0027s Vaccination Status or Possession of an Immunity Passport, codified at Mont. Code Ann. 49-2-312 (May 7, 2021) (Ex. MT-072)","stateName":"Montana","related":["DUT-MT-030","SEC-27-014"]}