67th Legislature HB 257.1
1 HOUSE BILL NO. 257
2 INTRODUCED BY J. HINKLE
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO PROHIBITING
5 ACTIONS THAT IMPEDE A PRIVATE BUSINESS'S ABILITY TO CONDUCT BUSINESS; PROHIBITING
6 CERTAIN TYPES OF LOCAL GOVERNMENT ORDINANCES AND RESOLUTIONS; PROHIBITING AN
7 EMERGENCY PLAN OR PROGRAM THAT RESTRICTS THE ABILITY OF A PRIVATE BUSINESS TO
8 CONDUCT BUSINESS; PROHIBITING A LOCAL BOARD OF HEALTH AND LOCAL HEALTH OFFICER
9 FROM ACTIONS THAT RESTRICT THE ABILITY OF A PRIVATE BUSINESS TO CONDUCT BUSINESS;
10 AMENDING SECTIONS 7-1-111, 7-1-2103, 7-1-4124, 7-5-103, 7-5-121, 7-5-4201, 10-3-301, 50-2-116, 50-2-
11 118, 50-2-123, AND 50-2-124, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
12
13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
14
15 Section 1. Section 7-1-111, MCA, is amended to read:
16 "7-1-111. (Subsection (21) effective October 1, 2021) Powers denied. A local government unit with
17 self-government powers is prohibited from exercising the following:
18 (1) any power that applies to or affects any private or civil relationship, except as an incident to the
19 exercise of an independent self-government power;
20 (2) any power that applies to or affects the provisions of 7-33-4128 or Title 39, except that subject to
21 those provisions, it may exercise any power of a public employer with regard to its employees;
22 (3) any power that applies to or affects the public school system, except that a local unit may impose
23 an assessment reasonably related to the cost of any service or special benefit provided by the unit and shall
24 exercise any power that it is required by law to exercise regarding the public school system;
25 (4) any power that prohibits the grant or denial of a certificate of compliance or a certificate of public
26 convenience and necessity pursuant to Title 69, chapter 12;
27 (5) any power that establishes a rate or price otherwise determined by a state agency;
28 (6) any power that applies to or affects any determination of the department of environmental quality
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1 with regard to any mining plan, permit, or contract;
2 (7) any power that applies to or affects any determination by the department of environmental quality
3 with regard to a certificate of compliance;
4 (8) any power that defines as an offense conduct made criminal by state statute, that defines an
5 offense as a felony, or that fixes the penalty or sentence for a misdemeanor in excess of a fine of $500, 6
6 months' imprisonment, or both, except as specifically authorized by statute;
7 (9) any power that applies to or affects the right to keep or bear arms;
8 (10) any power that applies to or affects a public employee's pension or retirement rights as
9 established by state law, except that a local government may establish additional pension or retirement
10 systems;
11 (11) any power that applies to or affects the standards of professional or occupational competence
12 established pursuant to Title 37 as prerequisites to the carrying on of a profession or occupation;
13 (12) except as provided in 7-3-1105, 7-3-1222, or 7-31-4110, any power that applies to or affects Title
14 75, chapter 7, part 1, or Title 87;
15 (13) any power that applies to or affects landlords, as defined in 70-24-103, when that power is
16 intended to license landlords or to regulate their activities with regard to tenants beyond what is provided in Title
17 70, chapters 24 and 25. This subsection is not intended to restrict a local government's ability to require
18 landlords to comply with ordinances or provisions that are applicable to all other businesses or residences
19 within the local government's jurisdiction.
20 (14) subject to 7-32-4304, any power to enact ordinances prohibiting or penalizing vagrancy;
21 (15) subject to 80-10-110, any power to regulate the registration, packaging, labeling, sale, storage,
22 distribution, use, or application of commercial fertilizers or soil amendments, except that a local government
23 may enter into a cooperative agreement with the department of agriculture concerning the use and application
24 of commercial fertilizers or soil amendments. This subsection is not intended to prevent or restrict a local
25 government from adopting or implementing zoning regulations or fire codes governing the physical location or
26 siting of fertilizer manufacturing, storage, and sales facilities.
27 (16) subject to 80-5-136(10), any power to regulate the cultivation, harvesting, production, processing,
28 sale, storage, transportation, distribution, possession, use, and planting of agricultural seeds or vegetable
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1 seeds as defined in 80-5-120. This subsection is not intended to prevent or restrict a local government from
2 adopting or implementing zoning regulations or building codes governing the physical location or siting of
3 agricultural or vegetable seed production, processing, storage, sales, marketing, transportation, or distribution
4 facilities.
5 (17) any power that prohibits the operation of a mobile amateur radio station from a motor vehicle,
6 including while the vehicle is in motion, that is operated by a person who holds an unrevoked and unexpired
7 official amateur radio station license and operator's license, "technician" or higher class, issued by the federal
8 communications commission of the United States;
9 (18) subject to 76-2-240 and 76-2-340, any power that prevents the erection of an amateur radio
10 antenna at heights and dimensions sufficient to accommodate amateur radio service communications by a
11 person who holds an unrevoked and unexpired official amateur radio station license and operator's license,
12 "technician" or higher class, issued by the federal communications commission of the United States;
13 (19) any power to require a fee and a permit for the movement of a vehicle, combination of vehicles,
14 load, object, or other thing of a size exceeding the maximum specified in 61-10-101 through 61-10-104 on a
15 highway that is under the jurisdiction of an entity other than the local government unit;
16 (20) any power to enact an ordinance governing the private use of an unmanned aerial vehicle in
17 relation to a wildfire;
18 (21) any power to prohibit completely adult-use providers, adult-use marijuana-infused products
19 providers, and adult-use dispensaries from being located within the jurisdiction of the local government except
20 as allowed in Title 16, chapter 12; or
21 (22) any power to enact an ordinance prohibited in 7-5-103 or a resolution prohibited in 7-5-121 and
22 any power to bring a retributive action against a private business owner as prohibited in 7-5-103(2)(d)(iv) and 7-
23 5-121(2)(c)(iv)."
24
25 Section 2. Section 7-1-2103, MCA, is amended to read:
26 "7-1-2103. County powers. A county has power to:
27 (1) except as provided in 7-5-103(2)(d)(iv) and 7-5-121(2)(c)(iv), sue and be sued;
28 (2) purchase and hold lands within its limits;
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1 (3) make contracts and purchase and hold personal property that may be necessary to the exercise of
2 its powers;
3 (4) make orders for the disposition or use of its property that the interests of its inhabitants require;
4 (5) subject to 15-10-420, levy and collect taxes for public or governmental purposes, as described in
5 7-6-2527, under its exclusive jurisdiction unless prohibited by law."
6
7 Section 3. Section 7-1-4124, MCA, is amended to read:
8 "7-1-4124. Powers. A municipality with general powers has the power, subject to the provisions of
9 state law, to:
10 (1) enact ordinances and resolutions;
11 (2) except as provided in 7-5-103(2)(d)(iv) and 7-5-121(2)(c)(iv), sue and be sued;
12 (3) buy, sell, mortgage, rent, lease, hold, manage, or dispose of any interest in real or personal
13 property;
14 (4) contract with persons, corporations, or any other governmental entity;
15 (5) pay debts and expenses;
16 (6) borrow money;
17 (7) solicit and accept bequests, donations, or grants of money, property, services, or other
18 advantages and comply with any condition that is not contrary to the public interest;
19 (8) execute documents necessary to receive money, property, services, or other advantages from the
20 state government, the federal government, or any other source;
21 (9) make grants and loans of money, property, and services for public purposes;
22 (10) require the attendance of witnesses and production of documents relevant to matters being
23 considered by the governing body;
24 (11) hire, direct, and discharge employees and appoint and remove members of boards;
25 (12) ratify any action of the municipality or its officers or employees that could have been approved in
26 advance;
27 (13) have a corporate seal and flag;
28 (14) acquire by eminent domain, as provided in Title 70, chapter 30, any interest in property for a
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1 public use authorized by law;
2 (15) initiate a civil action to restrain or enjoin violation of an ordinance;
3 (16) enter private property, obtaining warrants when necessary, for the purpose of enforcing
4 ordinances that affect the general welfare and public safety;
5 (17) conduct a census;
6 (18) conduct inventories of public property and preparatory studies;
7 (19) condemn and demolish hazardous structures;
8 (20) purchase insurance and establish self-insurance plans;
9 (21) impound animals and other private property creating a nuisance or obstructing a street or
10 highway;
11 (22) establish quarantines;
12 (23) classify all violations of city ordinances as civil infractions, with civil penalties, as provided in 7-1-
13 4150; and
14 (24) exercise powers not inconsistent with law necessary for effective administration of authorized
15 services and functions."
16
17 Section 4. Section 7-5-103, MCA, is amended to read:
18 "7-5-103. Ordinance requirements. (1) All ordinances must be submitted in writing in the form
19 prescribed by resolution of the governing body.
20 (2) An ordinance passed may not:
21 (a) contain more than one comprehensive subject, which must be clearly expressed in its title, except
22 ordinances for codification and revision of ordinances;
23 (b) compel a private business to deny a customer of the private business access to the premises or
24 access to goods or services;
25 (c) deny a customer of a private business the ability to access goods or services provided by the
26 private business; or
27 (d) include any of the following actions for noncompliance with a resolution or ordinance that includes
28 actions described in subsections (2)(b) and (2)(c):
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1 (i) allow for the assessment of a fee or fine;
2 (ii) require the revocation of a license required for the operation of a private business;
3 (iii) find a private business owner guilty of a misdemeanor; or
4 (iv) bring any other retributive action against a private business owner, including but not limited to
5 criminal charges.
6 (3) The prohibitions provided in subsections (2)(b) through (2)(d) do not apply to the adoption of an
7 ordinance allowed in 75-7-411.
8 (3)(4) An ordinance must be read and adopted by a majority vote of members present at two
9 meetings of the governing body not less than 12 days apart. After the first adoption and reading, it must be
10 posted and copies must be made available to the public.
11 (4)(5) After passage and approval, all ordinances must be signed by the presiding officer of the
12 governing body and filed with the official or employee designated by ordinance to keep the register of
13 ordinances."
14
15 Section 5. Section 7-5-121, MCA, is amended to read:
16 "7-5-121. Resolution requirements. (1) All resolutions shall must be submitted in the form
17 prescribed by resolution of the governing body.
18 (2) Resolutions may not:
19 (a) compel a private business to deny a customer of the private business access to the premises or
20 access to goods or services;
21 (b) deny a customer of a private business the ability to access goods or services provided by the
22 private business; or
23 (c) include any of the following actions for noncompliance with a resolution or ordinance that includes
24 actions described in subsections (2)(a) and (2)(b):
25 (i) allow for the assessment of a fee or fine;
26 (ii) require the revocation of a license required for the operation of a private business;
27 (iii) find a private business owner guilty of a misdemeanor; or
28 (iv) bring any other retributive action against a private business owner, including but not limited to
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1 criminal charges.
2 (2)(3) Resolutions may be submitted and adopted at a single meeting of the governing body.
3 (3)(4) After passage and approval, all resolutions shall must be entered into the minutes and signed
4 by the chairperson of the governing body."
5
6 Section 6. Section 7-5-4201, MCA, is amended to read:
7 "7-5-4201. Municipal ordinances. (1) The style of ordinances may be as follows: "Be it ordained by
8 the council of the city of.... (or town of....)", and all ordinances may be published or posted as prescribed by the
9 council.
10 (2) All ordinances, bylaws, and resolutions must be passed by the council and approved by the mayor
11 or the person acting in the mayor's stead and must be recorded in a book kept by the clerk, called "The
12 Ordinance Book", and numbered by numerical decimal system in the order in which they are passed or
13 codified.
14 (3) An ordinance may not:
15 (a) include a prohibited action provided in 7-5-103; or
16 (b) containbe passed containing more than one subject, which must be clearly expressed in its title,
17 except ordinances for the codification and revision of ordinances."
18
19 Section 7. Section 10-3-301, MCA, is amended to read:
20 "10-3-301. State disaster and emergency plan. (1) The state disaster and emergency plan and
21 program may provide for:
22 (a) prevention and minimization of injury and damage caused by disaster;
23 (b) prompt and efficient response to an incident, emergency, or disaster;
24 (c) emergency relief;
25 (d) identification of areas particularly vulnerable to disasters;
26 (e) recommendations for preventive and preparedness measures designed to eliminate or reduce
27 disasters or their impact;
28 (f) organization of personnel and chains of command;
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1 (g) coordination of federal, state, and local disaster and emergency activities; and
2 (h) other necessary matters.
3 (2) The state disaster and emergency plan and program may not:
4 (a) compel a private business to deny a customer of the private business access to the premises or
5 access to goods or services; or
6