{"id":"DUT-MT-029","kind":"duty","level":"state","jurisdiction":"Montana","state":"MT","metro":"","industry":"","agency":"","eco":"","issuer":"Montana Legislature (Mont. Code Ann. 50-2-116, as amended by Ch. 324 and Ch. 408, L. 2021 (HB 121, approved Apr. 16, 2021; HB 257, approved May 7, 2021))","authority":"Mont. Code Ann. Title 50, ch. 2, part 1","instrument":"Mont. Code Ann. 50-2-116 (Powers and duties of local boards of health) (cross-reference to Ex. MT-073)","title":"Powers and duties of local boards of health, including the 2021 limits of subsection (5) and the enforcement saving clause of subsection (7)","dateIssued":"2021-04-16","effective":"standing; subsections (5)-(9) from the 2021 approval dates","end":"standing","startDate":"2021-04-16","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","CLOSE","QUAR","COND"],"addressees":["persons generally; employers; owners or persons in control of premises; private businesses (expressly, in (5), (7) and (9))"],"clause":"(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.","enforcement":"50-2-123 (compliance orders) and 50-2-124 (misdemeanor; civil penalties) (DUT-MT-006, -007), subject to the 2021 limits of (5)(c)","functions":[],"notes":"Local boards hold the standing charge to \u0027identify, assess, prevent, and ameliorate conditions of public health importance through... isolation and quarantine measures... abatement of public health nuisances... inspections\u0027 ((1)(c)); from April-May 2021 subsection (5) bars a local regulation or order that would \u0027compel a private business to deny a customer... access to the premises or access to goods or services\u0027 or punish a business for not doing so, while subsection (7) preserves the boards\u0027 authority \u0027to enforce and ensure compliance by private businesses with all lawfully adopted regulations, directives, and orders\u0027, so that the local layer remained a source of binding conditions on businesses through 2021 Q3.","sourceUrl":"","snapshot":"","fileExists":true,"fileBytes":118603,"grade":"primary","character":"statutory_duty","description":"","collection":"DUT-MT","url":"/library/DUT-MT-029","exhibitUrl":"/exhibit/DUT-MT-029","citation":"Montana Legislature (Mont. Code Ann. 50-2-116, as amended by Ch. 324 and Ch. 408, L. 2021 (HB 121, approved Apr. 16, 2021; HB 257, approved May 7, 2021)), Mont. Code Ann. 50-2-116 (Powers and duties of local boards of health) (cross-reference to Ex. MT-073) (standing) (Ex. DUT-MT-029)","stateName":"Montana","related":["DUT-MT-006"]}