_________ Bill No. _______

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act requiring that the department of public health and human services and the local board of health negotiate the amount to be paid to the local board for certain health inspections; amending sections 50-50-305, 50-51-303, and 50-52-302, MCA; and providing an effective date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 50-50-305, MCA, is amended to read:

"50-50-305.   Department to pay local board for inspections and enforcement. (1) Before June 30 of each year, the department shall pay to a local board of health, as established under 50-2-104, 50-2-106, or 50-2-107, an amount to be negotiated between the local board and the department from the local board inspection fund account created in 50-2-108 that must be used only for the purpose of inspecting establishments licensed under this chapter and enforcing the provisions of this chapter; provided, however,. Payments are conditioned on requirements that:

(a)  there is a functioning local board of health; and

(b)  the local board of health, local health officers, sanitarians-in-training, and registered sanitarians:

(i)  assist in inspections and enforcement of the provisions of this chapter and the rules adopted under it this chapter; and

(ii) meet minimum program performance standards as established under rules adopted by the department.

(2)  The funds received by the local board of health pursuant to subsection (1) must be deposited with the appropriate local fiscal authority and must be used to supplement, but not supplant, other funds received by the local board of health that in the absence of funding received under subsection (1) would be made available for the same purpose.

(3)  Funds in the local board inspection fund account not paid to the local board of health as provided in subsection (1) may be used by the department, within any jurisdiction that does not qualify to receive payments from the local board inspection fund account, to enforce the provisions of this chapter and the rules adopted under it this chapter."

Section 2.  Section 50-51-303, MCA, is amended to read:

"50-51-303.   Department to pay local board for inspections and enforcement. (1) Before June 30 of each year, the department shall pay to a local board of health, as established under 50-2-104, 50-2-106, or 50-2-107, an amount to be negotiated between the local board and the department from the local board inspection fund account created in 50-2-108 that must be used only for the purpose of inspecting establishments licensed under this chapter and enforcing the provisions of this chapter; provided, however,. Payments are conditioned on requirements that:

(a)  there is a functioning local board of health; and

(b)  the local board of health, local health officers, sanitarians-in-training, and registered sanitarians:

(i)  assist in inspections and enforcement of the provisions of this chapter and the rules adopted under it this chapter; and

(ii) meet minimum program performance standards as established under rules adopted by the department.

(2)  The funds received by the local board of health pursuant to subsection (1) must be deposited with the appropriate local fiscal authority and must be used to supplement, but not supplant, other funds received by the local board of health that in the absence of funding received under subsection (1) would be available for the same purpose.

(3)  Funds in the local board inspection fund account not paid to the local board of health as provided in subsection (1) may be used by the department, within any jurisdiction that does not qualify to receive payments from the local board inspection fund account, to enforce the provisions of this chapter and the rules adopted under it this chapter."

Section 3.  Section 50-52-302, MCA, is amended to read:

"50-52-302.   Department to pay local board for inspection and enforcement. (1) Before June 30 of each year, the department shall pay to a local board of health, as established under 50-2-104, 50-2-106, or 50-2-107, an amount to be negotiated between the local board and the department from the local board inspection fund account created in 50-2-108 that must be used only for the purpose of inspecting establishments licensed under this chapter and enforcing the provisions of this chapter; provided, however,. Payments are conditioned on requirements that:

(a)  there is a functioning local board of health; and

(b)  the local board of health, local health officers, sanitarians-in-training, and registered sanitarians:

(i)  assist in inspections and enforcement of the provisions of this chapter and the rules adopted under it this chapter; and

(ii) meet minimum program performance standards as established under rules adopted by the department.

(2)  The funds received by the local board of health pursuant to subsection (1) must be deposited with the appropriate local fiscal authority and must be used to supplement, but not supplant, other funds received by the local board of health that in the absence of funding received under subsection (1) would be made available for the same purpose.

(3)  Funds in the local board inspection fund account not paid to the local board of health as provided in subsection (1) may be used by the department, within any jurisdiction that does not qualify to receive payments from the local board inspection fund, to enforce the provisions of this chapter and the rules adopted under it this chapter."

NEW SECTION. Section 4.  Effective date. [This act] is effective July 1, 1997.

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