{"id":"MT-073","kind":"order","level":"state","jurisdiction":"Montana","state":"MT","metro":"","industry":"","agency":"","eco":"","issuer":"Montana Legislature (67th): HB 121 (approved Apr. 16, 2021) and HB 257 (approved May 7, 2021 after an amendatory veto); codified at Mont. Code Ann. 50-2-116(4)-(9) (amd. Sec. 4, Ch. 324, L. 2021; amd. Sec. 8, Ch. 408, L. 2021)","authority":"Mont. Const. art. V; Mont. Code Ann. 50-2-116","instrument":"Mont. Code Ann. 50-2-116, Powers and duties of local boards of health, as amended in 2021 (HB 121: governing-body control of emergency health orders; HB 257: local rules may not compel businesses to deny customer access)","title":"Mont. Code Ann. 50-2-116. Powers and duties of local boards of health (MCA 2025 text with 2021 amendments)","dateIssued":"2021-05-07","effective":"HB 121 effective Apr. 16, 2021; HB 257 effective May 7, 2021 (both on passage and approval per the Capitol Tracker action histories)","end":"In force through Sept. 30, 2021 and beyond","startDate":"2021-04-16","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["OTHER","VAX","EVT"],"addressees":["local boards of health","local health officers","local governing bodies","private businesses"],"clause":"(4) A directive, mandate, or order issued by a local board of health in response to a declaration of emergency or disaster by the governor as allowed in 10-3-303 or by the principal executive officer of a political subdivision as allowed in 10-3-402 and 10-3-403: (a) remains in effect only during the declared state of emergency or disaster or until the governing body holds a public meeting and allows public comment and the majority of the governing body moves to amend, rescind, or otherwise change the directive, mandate, or order; and (b) may not interfere with or otherwise limit, modify, or abridge a person\u0027s physical attendance at or operation of a religious facility, church, synagogue, or other place of worship. (5) A regulation allowed in subsection (2)(c)(i), (2)(c)(ii), or (2)(c)(vi) adopted or a directive, mandate, or order implemented to carry out the provisions of this part that applies to the entire jurisdictional area of a town, city, or county under the jurisdiction of the local health board may not: (a) compel a private business to deny a customer of the private business access to the premises or access to goods or services; (b) deny a customer of a private business the ability to access goods or services provided by the private business; or (c) include any of the following actions for noncompliance... (i) require the assessment of a fee or fine; (ii) require the revocation of a license required for the operation of a private business; (iii) find a private business owner guilty of a misdemeanor... (7) The prohibitions provided for in subsection (5) do not restrict a local board of health from exercising its authority under this section to enforce and ensure compliance by private businesses with all lawfully adopted regulations, directives, and orders. (8) A local board of health may not require a person to receive any type of vaccination, medication, supplement, or other type of drug treatment.","enforcement":"Statutory limits on local boards; 50-2-116(6): the (5)(b) prohibition \u0027does not apply to persons confirmed to have a communicable disease and who are currently under a public isolation order\u0027","functions":["framework governing every local order in force after Apr. 16 / May 7, 2021","WS worship (local limits barred)","CB (customer-access rules barred)","HR (local vaccination requirements barred)"],"notes":"The Governor\u0027s amendatory veto added subsection (7); local boards in Missoula (May 10, 2021), Gallatin (May 14, 2021) and Lewis and Clark rescinded or ceased enforcing their rules after these amendments","sourceUrl":"https://leg.mt.gov/bills/mca/title_0500/chapter_0020/part_0010/section_0160/0500-0020-0010-0160.html","snapshot":"","fileExists":true,"fileBytes":118603,"grade":"primary","character":"","description":"","collection":"MT","url":"/library/MT-073","exhibitUrl":"/exhibit/MT-073","citation":"Montana Legislature (67th): HB 121 (approved Apr. 16, 2021) and HB 257 (approved May 7, 2021 after an amendatory veto); codified at Mont. Code Ann. 50-2-116(4)-(9) (amd. Sec. 4, Ch. 324, L. 2021; amd. Sec. 8, Ch. 408, L. 2021), Mont. Code Ann. 50-2-116, Powers and duties of local boards of health, as amended in 2021 (HB 121: governing-body control of emergency health orders; HB 257: local rules may not compel businesses to deny customer access) (May 7, 2021) (Ex. MT-073)","stateName":"Montana","related":["DUT-MT-006","DUT-MT-007"]}