Signed by Governor Greg Gianforte

Vote Smart's Synopsis:

Vote to pass a bill that repeals the ability for state health boards to implement restrictive rules surrounding Covid-19 transmission.

Highlights:

• Classifies a "local governing body" or "governing body" as (Sec. 1-8):

• The board of county commissioners that oversees a county local board of health;

• The elected governing body of a city that oversees a city local board of health; or

• The entity identified as the governing body as established in the bylaws, interlocal agreement, or memorandum of understanding creating a city-county local board of health or a local district board of health.

• Specifies the purpose of this law is to address ongoing issues or conditions created during a declared state of emergency as a result of orders, directives, or mandates issued by the governor, for a state of emergency acting longer than 7 days. It is not a purpose of this law to hinder, slow, or remove nonemergency-related powers granted to a local board of health (Sec. 2-1).

• Establishes local boards of health are to issue a directive, mandate, or order in response to a declaration of emergency or disaster by the governor and or by the principal executive officer of a political subdivision that (Sec. 2-5):

• 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

• 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 another place of worship."

• Authorizes federal, state, and local partners, local health officers to do the following to carry out the purpose of the public health system (Sec. 3-1):

• Make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the condition;

• Take steps to limit contact between people in order to protect the public health from imminent threats, including but not limited to ordering the closure of buildings or facilities where people congregate and canceling events;

• Report communicable diseases to the department as required by rule;

• Establish and maintain quarantine and isolation measures as adopted by the local board of health; and

• Pursue action with the appropriate court if this chapter or rules adopted by the local board or department under this law are violated.

• Establishes a business entity that does not comply with rules adopted by a local board is subject to a civil penalty of not more than $250 (Sec. 4.b).

• Authorizes the local board or the county attorney of the county in which a violation occurred to petition a court of limited jurisdiction to impose the civil penalties for an action to collect a civil penalty is in the county in which the violation occurred or in a court of limited jurisdiction (Sec. 4-4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that repeals the ability for state health boards to implement restrictive rules surrounding Covid-19 transmission.

Highlights:

• Classifies a "local governing body" or "governing body" as (Sec. 1-8):

• The board of county commissioners that oversees a county local board of health;

• The elected governing body of a city that oversees a city local board of health; or

• The entity identified as the governing body as established in the bylaws, interlocal agreement, or memorandum of understanding creating a city-county local board of health or a local district board of health.

• Specifies the purpose of this law is to address ongoing issues or conditions created during a declared state of emergency as a result of orders, directives, or mandates issued by the governor, for a state of emergency acting longer than 7 days. It is not a purpose of this law to hinder, slow, or remove nonemergency-related powers granted to a local board of health (Sec. 2-1).

• Establishes local boards of health are to issue a directive, mandate, or order in response to a declaration of emergency or disaster by the governor and or by the principal executive officer of a political subdivision that (Sec. 2-5):

• 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

• 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 another place of worship."

• Authorizes federal, state, and local partners, local health officers to do the following to carry out the purpose of the public health system (Sec. 3-1):

• Make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the condition;

• Take steps to limit contact between people in order to protect the public health from imminent threats, including but not limited to ordering the closure of buildings or facilities where people congregate and canceling events;

• Report communicable diseases to the department as required by rule;

• Establish and maintain quarantine and isolation measures as adopted by the local board of health; and

• Pursue action with the appropriate court if this chapter or rules adopted by the local board or department under this law are violated.

• Establishes a business entity that does not comply with rules adopted by a local board is subject to a civil penalty of not more than $250 (Sec. 4.b).

• Authorizes the local board or the county attorney of the county in which a violation occurred to petition a court of limited jurisdiction to impose the civil penalties for an action to collect a civil penalty is in the county in which the violation occurred or in a court of limited jurisdiction (Sec. 4-4).

Full Bill Text