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)

The record

Jurisdiction

Montana

Level

State

Authority

Mont. Const. art. V; Mont. Code Ann. 50-2-116

Issued

2021-05-07 May 7, 2021

Effective

HB 121 effective Apr. 16, 2021; HB 257 effective May 7, 2021 (both on passage and approval per the Capitol Tracker action histories) (read as 2021-04-16)

End

In force through Sept. 30, 2021 and beyond (read as 2021-09-30)

In force

Apr. 16, 2021 to Sept. 30, 2021

Quarters

2021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Events and venuesVaccination or testingOther

Addressees

• local boards of health
• local health officers
• local governing bodies
• private businesses

Functions reached

• 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)

Collection

Montana MT

Operative words

(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's 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

Notes