Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                                SB 262.1
                                                 SENATE BILL NO. 262
                                            INTRODUCED BY D. ZOLNIKOV
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO LICENSING PREEMPTION BY
  THE STATE; PROHIBITING A LOCAL GOVERNMENT FROM REQUIRING A LICENSE IN CERTAIN
  CIRCUMSTANCES; AND AMENDING SECTION 7-1-111, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 7-1-111, MCA, is amended to read:
          "7-1-111.    Powers denied. A local government unit with self -government powers is prohibited f rom
  exercising the f ollowing:
          (1)      any power that applies to or af f ects any private or civil relationship, except as an incident to the
  exercise of an independent self -government power;
          (2)      any power that applies to or af f ects the provisions of 7-33-4128 or Title 39, except that subject
  to those provisions, it may exercise any power of a public employer with regard to its employees;
          (3)      any power that applies to or af f ects the public scho ol system, except that a local unit may
  impose an assessment reasonably related to the cost of any service or special benef it provided by the unit and
  shall exercise any power that it is required by law to exercise regarding the public school system;
          (4)      any power that prohibits the grant or denial of a certif icate of compliance or a certif icate of
  public convenience and necessity pursuant to Title 69, chapter 12;
          (5)      any power that establishes a rate or price otherwise determined by a state agency;
          (6)      any power that applies to or af f ects any determination of the department of environmental
  quality with regard to any mining plan, permit, or contract;
          (7)      any power that applies to or af f ects any determination by the department of environmental
  quality with regard to a certif icate of compliance;
          (8)      any power that def ines as an of f ense conduct made criminal by state statute, that def ines an
  of f ense as a f elony, or that f ixes the penalty or sentence f or a misdemeanor in excess of a f ine of $500, 6
                                                                -1-                       Authorized Print Version – SB 262
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68th Legislature 2023                                                                                               SB 262.1
  months' imprisonment, or both, except as specif ically authorized by statute;
           (9)       any power that applies to or af f ects the right to keep or bear arms;
           (10)      any power that applies to or af f ects a public employee's pension or retirement rights as
  established by state law, except that a local government may establish additional pension or retirement
  systems;
           (11)      any power that applies to or af f ects the standards of professional or occupational competence
  established pursuant to Title 37 as prerequisites to the carrying on of a prof ession or occupation;
           (12)      except as provided in 7-3-1105, 7-3-1222, 7-21-3214, or 7-31-4110, any power that applies to
  or af f ects Title 75, chapter 7, part 1, or Title 87;
           (13)      any power that applies to or af f ects landlords, as def ined in 70-24-103, when that power is
  intended to license landlords or to regulate their activities with regard to tenants beyond what is provided in Title
  70, chapters 24 and 25. This subsection is not intended to restrict a local government's ability to require
  landlords to comply with ordinances or provisions that are applicable to all other businesses or residences
  within the local government's jurisdiction.
           (14)      subject to 7-32-4304, any power to enact ordinances prohibiting or penalizing vagrancy;
           (15)      subject to 80-10-110, any power to regulate the registration, packaging, labeling, sale, storage,
  distribution, use, or application of commercial f ertilizers or soil amendments, except that a local government
  may enter into a cooperative agreement with the department of agriculture concerning the use and application
  of commercial f ertilizers or soil amendments. This subsection is not intended to prevent or restrict a local
  government f rom adopting or implementing zoning regulations or f ire codes governing t he physical location or
  siting of f ertilizer manuf acturing, storage, and sales f acilities.
           (16)      subject to 80-5-136(10), any power to regulate the cultivation, harvesting, production,
  processing, sale, storage, transportation, distribution, possession, use, and planting of agricultural seeds or
  vegetable seeds as def ined in 80-5-120. This subsection is not intended to prevent or restrict a local
  government f rom adopting or implementing zoning regulations or building codes governing the physical location
  or siting of agricultural or vegetable seed production, processing, storage, sales, marketing, transportation, or
  distribution f acilities.
           (17)      any power that prohibits the operation of a mobile amateur radio station f rom a motor vehicle,
                                                                    -2-                    Authorized Print Version – SB 262
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68th Legislature 2023                                                                                                SB 262.1
  including while the vehicle is in motion, that is operated by a person who holds an unrevoked and unexpired
  of f icial amateur radio station license and operator's license, "technician" or higher class, issued by the f ederal
  communications commission of the United States;
           (18)      subject to 76-2-240 and 76-2-340, any power that prevents the erection of an amateur radio
  antenna at heights and dimensions suf f icient to accommodate amateur radio service communications by a
  person who holds an unrevoked and unexpired of f icial amateur radio station license and operator's license,
  "technician" or higher class, issued by the f ederal communications commission of the United States;
           (19)      any power to require a f ee and a permit f or the movement of a vehicle, combination of vehicles,
  load, object, or other thing of a size exceeding the maximum specif ied in 61-10-101 through 61-10-104 on a
  highway that is under the jurisdiction of an entity other than the local government unit;
           (20)      any power to enact an ordinance governing the private use of an unmanned aerial vehicle in
  relation to a wildf ire;
           (21)      any power as prohibited in 7-1-121(2) af f ecting, applying to, or regulating the use, disposition,
  sale, prohibitions, f ees, charges, or taxes on auxiliary containers, as def ined in 7-1-121(5);
           (22)      any power that provides f or f ees, taxation, or penalties based on carbon or carbon use in
  accordance with 7-1-116;
           (23)      any power to require an employer, other than the local government unit itself , to provide an
  employee or class of employees with a wage or employment benef it that is not required by state or f ederal law;
           (24)      any power to enact an ordinance prohibited in 7-5-103 or a resolution prohibited in 7-5-121 and
  any power to bring a retributive action against a private business owner as prohibited in 7-5-103(2)(d)(iv) and 7-
  5-121(2)(c)(iv); or
           (25)      any power to prohibit the sale of alternative nicotine products or vapor products as provided in
  16-11-313(1); or
           (26)      any power to require additional licensing when the state is the original issuer of the license."
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                                                                 -3-                      Authorized Print Version – SB 262
Statutes affected: 
SB0262_1.pdf: 7-1-111
SB0262_X.pdf: 7-1-111
Enrolled: 7-1-111
Introduced: 7-1-111