A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING EMERGENCY AND DISASTER LAWS; PROVIDING FOR A LEGISLATIVE POLLING PROCESS BY THE SECRETARY OF STATE TO TERMINATE A GOVERNOR'S DECLARATION OF STATE OF EMERGENCY OR DISASTER; REVISING THE AUTHORITY OF THE GOVERNOR DURING A DECLARATION OF EMERGENCY OR DISASTER; AUTHORIZING A DIRECTIVE, MANDATE, OR ORDER ISSUED BY A LOCAL BOARD OF HEALTH OR LOCAL HEALTH OFFICER TO BE APPROVED BY A LOCAL GOVERNING BODY; PROVIDING FOR OVERSIGHT OF A LOCAL HEALTH OFFICER; PROVIDING FOR APPEAL OF A DIRECTIVE, MANDATE, OR ORDER TO THE LOCAL GOVERNING BODY; AMENDING SECTIONS 10-3-102, 10-3-103, 10-3-104, 10-3-114, 10-3-302, 10-3-303, 50-1-101, 50-2-116, AND 50-2-118, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."
NEW SECTION. Section 1. Legislative poll -- termination of state of emergency or disaster. (1) When the legislature is not in session, any member of the legislature may, in writing, request the secretary of state to poll the members of the legislature to determine if a majority of the house of representatives and a majority of the senate are in favor of a legislative declaration to terminate a state of emergency under 10-3-302 or a state of disaster under 10-3-303.
(3) Within 2 business days after receiving a request, the secretary of state shall send a ballot to all legislators by using any reasonable and reliable means, including electronic delivery, that contains:
(4) A legislator may cast and return a vote by delivering the ballot in person, by mailing, or by sending the ballot by facsimile transmission or electronic mail to the office of the secretary of state. A legislator may not change the legislator's vote after the ballot is received by the secretary of state. The secretary of state shall tally the votes within 1 business day after the date for return of the votes. If a majority of the members voting in each house vote to approve a termination, then the state of emergency or disaster terminates based on the declaration that was sent with the ballot. For the vote count to be valid, the secretary of state must receive the number of ballots equal to at least a quorum of the members of each house to ensure that a majority of the members of each house participated in the vote.
(b) the authority of legislators to convene a special session by a poll of the legislature pursuant to 5-3-105 to address emergencies and disasters, the laws applicable to them, and the state's response to emergencies and disasters.
(1) interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by parts 1 through 4 of this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
(2) interfere with dissemination of news or comment on public affairs. However, any communications facility or organization, including but not limited to radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with an emergency or disaster.
(2) 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, or infringe on the right to religious beliefs and practices guaranteed to all citizens under the free exercise clause of the first amendment of the United States constitution and under Article II, section 4, of the Montana constitution;
(3) affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or any personnel of those entities when on active duty, but state, local, and interjurisdictional disaster and emergency plans must place reliance upon the forces available for performance of functions related to emergencies and disasters; or
(4) limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in the governor under the constitution, statutes, or common law of this state independent of or in conjunction with any provisions of parts 1 through 4 of this chapter;
(6) except in an imminent life-threatening situation, restrict any uniformed employee of a licensed private security company, acting within the scope of employment, from entering and remaining in an area where an emergency or disaster has been declared."
(1) "All-hazard incident management assistance team" means a team that includes any combination of personnel representing local, state, or tribal entities that has been established by the state emergency response commission provided for in 10-3-1204 for the purpose of local incident management intended to mitigate the impacts of an incident prior to a disaster or emergency declaration.
(2) "Area" or "area threatened" means an area within the exterior boundaries of the state, including the exterior boundaries of a federally recognized Indian tribe with consent from the tribal government, which could include the state in its entirety.
(4)(5) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property, or shortage of food, water, or fuel resulting from any natural or artificial cause, including tornadoes, windstorms, snowstorms, wind-driven water, high water, floods, wave action, earthquakes, landslides, mudslides, volcanic action, avalanche, snowstorm, prolonged extreme cold, fires, explosions, air or water contamination requiring emergency action to avert danger or damage, blight, droughts, infestations, riots, sabotage, hostile military or paramilitary action, disruption of state services, accidents involving radiation byproducts or other hazardous materials, outbreak of disease, epidemic, bioterrorism, or incidents involving weapons of mass destruction, a technological failure or malfunction, an industrial accident, a hazardous materials accident, a public health condition, or a civil disturbance.
(5)(6) "Disaster and emergency services" means the preparation for and the carrying out of disaster and emergency functions and responsibilities, other than those for which military forces or other state or federal agencies are primarily responsible, to mitigate, prepare for, respond to, and recover from injury and damage resulting from emergencies or disasters.
(6)(7) "Disaster medicine" means the provision of patient care by a health care provider during a disaster or emergency when the number of patients exceeds the capacity of normal medical resources, facilities, and personnel. Disaster medicine may include implementing patient care guidelines that depart from recognized nondisaster triage and standard treatment patient care guidelines determining the order of evacuation and treatment of persons needing care.
(9)(10) (a) "Incident" means an event or occurrence, caused by either an individual or by natural phenomena, requiring action by disaster and emergency services personnel to prevent or minimize loss of life or damage to property or natural resources. The term includes the imminent threat of an emergency.
(11) "Outbreak of disease" means a credible threat of an imminent outbreak of disease that the director of the department of public health and human services provided for in 2-15-2201 or the director's designee certifies to the governor has a high probability of occurring soon. The certification must be based on specific information received from a local, state, federal, or international agency, or another source that the director or the designee determines is reliable.
"10-3-104. General authority of governor. (1) The legislature finds that the governor has broad authority to proclaim a state of emergency or disaster in the state and to exercise emergency powers during the emergency. The legislature intends to allow the governor to immediately respond during a proclaimed state of emergency or disaster, including through the issuance of executive orders, proclamations, and orders necessary to carry out the purpose of this chapter, and the ability to amend or rescind them. These executive orders, proclamations, and regulations have the force of law. The governor is responsible for carrying out parts 1 through 4 of this chapter.
(a) temporarily waive or suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or orders or rules of any state agency if the strict compliance with the provisions of any statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency or disaster;
(b) direct and compel the evacuation of all or part of the population from an emergency or disaster area within the state if the governor considers this action necessary for the preservation of life or other disaster mitigation, response, or recovery;
(d) issue an executive order prohibiting a person from being on the public streets, in the public parks, or at any other public place during the hours declared by the governor to be a period of curfew;
(e) issue an executive order prohibiting any number of persons, as designated by the governor, from assembling or gathering on the public streets, in the public parks, or at any other open areas of this state, either public or private;
(g) issue an executive order suspending or limiting the sale, purchase, or dispensing of other commodities or goods, with the exception of firearms or ammunition, as the governor reasonably believes must be prohibited to help preserve and maintain life, health, property, or the public peace;
(3) Under this section, the governor may issue executive orders, proclamations, and regulations and amend and rescind them during the timeframe of the state of emergency or disaster. All executive orders or proclamations declaring or terminating a state of emergency or disaster must indicate the nature of the emergency or disaster, the area threatened, and the conditions that have brought about the declaration or that make possible termination of the state of emergency or disaster.
"10-3-114. Confiscation of firearm by government prohibited -- private right of action -- costs and expenses. (1) Following a declaration of an emergency or disaster pursuant to this chapter, the governor, a peace officer, or other person acting or purporting to act on behalf of the state or a political subdivision of the state may not take a confiscation action or impose restrictions on the lawful possession, transfer, sale, transport, storage, display, or use of firearms or ammunition.
"10-3-302. Declaration of emergency -- effect and termination. (1) A state of emergency may be declared by the governor when the governor determines that an emergency as defined in 10-3-103 exists.
(2) An executive order or proclamation of a state of emergency activates the emergency response and disaster preparation aspects of the state disaster and emergency plan and program applicable to the political subdivision or area and is authority for the deployment and use of any forces to which the plans apply and for the distribution and use of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to parts 1 through 4 of this chapter or any other provision of law pertaining to disasters and disaster-related emergencies. An executive order or proclamation may authorize the practice of disaster medicine. The provisions of 10-3-110 do not apply to the state of emergency unless the order or proclamation includes a provision authorizing the practice of disaster medicine.
(3) A state of emergency may not continue for longer than 30 days unless continuing conditions of the state of emergency exist,. which must be determined byAt any point after the initial 30-day period of a declarationstate of an emergency by, the presidentlegislature may terminate a state of the United States or emergency by a declaration of the legislature by joint resolution of continuing conditionsor by a poll of the members of the legislature as provided in [section 1]. The governor may not issue a new state of emergency based on the same or substantially similar facts and circumstances if the legislature terminates the declaration."
"10-3-303. Declaration of disaster -- effect and termination. (1) A state of disaster may be declared by the governor when the governor determines that a disaster has occurred, without regard to whether a state of emergency was previously declared.
(2) An executive order or proclamation of a state of disaster activates the disaster response and recovery aspects of the state disaster and emergency plan and program applicable to the political subdivision or area and is authority for the deployment and use of any forces to which the plans apply and for the distribution and use of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to parts 1 through 4 of this chapter or any other provision of law pertaining to disaster and disaster-related emergencies. The executive order or proclamation may authorize the practice of disaster medicine. The provisions of 10-3-110 do not apply to the state of disaster unless the order or proclamation includes a provision authorizing the practice of disaster medicine.
(3) A state of disaster may not continue for longer than 45 terminates after 30 days unless continuing conditions of the state of disaster exist, which must be determined by a declaration of a major disaster by the president of the United States or by. At any point after the initial 30-day period of a state of disaster, the legislature may terminate a state of disaster by the declaration of the legislature by joint resolution or by a poll of the members of the legislature as provided in [section 1] of continuing conditions of the state of disaster. The governor may not issue a new state of disaster based on the same or substantially similar facts and circumstances if the legislature terminates the declaration.
(c) at any time the legislature terminates the state of emergency or disaster by joint resolution or through the polling process provided for in [section 1]. However, after termination of the state of emergency or disaster, disaster and emergency services required as a result of the emergency or disaster may continue."
(1) "Communicable disease" means an illness because of a specific infectious agent or its toxic products that arises through transmission of that agent or its products from an infected person, animal, or inanimate reservoir to a susceptible host. The transmission may occur either directly or indirectly through an intermediate plant or animal host, a transmitting entity, or the inanimate environment.
(2) "Condition of public health importance" means a disease, injury, or other condition that is identifiable on an individual or community level and that can reasonably be expected to lead to adverse health effects in the community.
(6) "Isolation" means the physical separation and confinement of an individual or groups of individuals who are infected or reasonably believed to be infected with a communicable disease or possibly communicable disease from nonisolated individuals to prevent or limit the transmission of the communicable disease to nonisolated individuals.
(c) 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.
(8)(9) "Local health officer" means a county, city, city-county, or district health officer appointed by a local board of health. With regard to the exercise of the duties and authorities of a local health officer, the term may include an authorized representative of the local health officer.
(9)(10) "Local public health agency" means an organization operated by a local government in the state, including local boards of health or local health officers, that principally acts to protect or preserve the public health.
(b) the promotion of health in the community, such as assessing the health needs and status of the community through public health surveillance and epidemiological research, developing public health policy, and responding to public health needs and emergencies.
(13)(14) "Quarantine" means the physical separation and confinement of an individual or groups of individuals who are or may have been exposed to a communicable disease or possibly communicable disease and who do not show signs or symptoms of a communicable disease from nonquarantined individuals to prevent or limit the transmission of the communicable disease to nonquarantined individuals.
(14)(15) "Screening" means diagnostic or investigative analysis or medical procedures that determine the presence or absence of or exposure to a condition of public health importance or the condition's precursor in an individual.
"50-2-116. Powers and duties of local boards of health. (1) In order to carry out the purposes of the public health system, in collaboration with federal, state, and local partners, each local board of health shall:
(g) protect the public from the introduction and spread of communicable disease or other conditions of public health importance, including through actions to ensure the removal of filth or other contaminants that might cause disease or adversely affect public health;
(j) identify to the department an administrative liaison for public health. The liaison must be the local health officer in jurisdictions that employ a full-time local health officer. In jurisdictions that do not employ a full-time local health officer, the liaison must be the highest ranking public health professional employed by the jurisdiction.
(k) subject to the provisions of 50-2-130, adopt necessary regulations that are not less stringent than state standards for the control and disposal of sewage from private and public buildings and facilities that are not regulated by Title 75, chapter 6, or Title 76, chapter 4. The regulations must describe standards for granting variances from the minimum requirements that are identical to standards promulgated by the board of environmental review and must provide for appeal of variance decisions to the department as required by 75-5-305. If the local board of health regulates or permits water well drilling, the regulations must prohibit the drilling of a well if the well isolation zone, as defined in 76-4-102, encroaches onto adjacent private property without the authorization of the private property owner.
(iii) subject to the provisions of 50-2-130, for sanitation in public and private buildings and facilities that affects public health and for the maintenance of sewage treatment systems that do not discharge effluent directly into state water and that are not required to have an operating permit as required by rules adopted under 75-5-401;
(iv) subject to the provisions of 50-2-130 and Title 50, chapter 48, for tattooing and body-piercing establishments and that are not less stringent than state standards for tattooing and body-piercing establishments;
(A) United States environmental protection agency as part of a remedy for a facility under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.; or
(d) promote cooperation and formal collaborative agreements between the local board of health and tribes, tribal organizations, and the Indian health service regarding public health planning, priority setting, information and data sharing, reporting, resource allocation, service delivery, jurisdiction, and other matters addressed in this title.
(ii) in response to a declaration of emergency or disaster by the governor as provided in 10-3-302 and 10-3-303 or by the principal executive officer of a political subdivision as provided in 10-3-402 and 10-3-403 remains in effect for 30 days.
(b) The majority of the governing body may amend, rescind, or otherwise change the directive, mandate, or order before an appeal may be filed pursuant to subsection (4)(c) or in the absence of an appeal under subsection (4)(c).
(c) At any point after the initial 30-day period following issuance of a directive, mandate, or order made pursuant to subsection (4)(a), a person or entity impacted by a directive, mandate, or order under subsection (4)(a) may appeal the decision to the local governing body on a form promulgated by the governing body. The governing body shall hear the appeal and render a written decision within 7 business days of the appeal."
"50-2-118. Powers and duties of local health officers. (1) In order to carry out the purpose of the public health system, in collaboration with federal, state, and local partners, local health officers or their authorized representatives shall:
(2)(b) 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;
(ii) in response to a declaration of emergency or disaster by the governor as allowed in 10-3-302 and 10-3-303 or by the principal executive officer of a political subdivision as allowed in 10-3-402 and 10-3-403 remains in effect for 30 days.
(b) In order to remain in effect for longer than 30 days, the local board that hired or oversees the officer that issued the directive, mandate, or order shall adopt the directive, mandate, or order within 30 days of issuance. Notwithstanding actions of the board to adopt the the directive, mandate, or order, the majority of the governing body may amend, rescind, or otherwise change the directive, mandate, or order before an appeal may be filed pursuant to subsection (2)(c) or in the absence of an appeal under subsection (2)(c).
(c) At any point after the initial 30-day period following issuance of a directive, mandate, or order made pursuant to subsection (2)(a), a person or entity impacted by a directive, mandate, or order issued under subsection (2)(a) may appeal the decision to the local governing body on a form promulgated by the governing body. The governing body shall hear the appeal and render a written decision within 7 business days of the appeal."
NEW SECTION. Section 12. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 10, chapter 3, part 3, and the provisions of Title 10, chapter 3, part 3, apply to [section 1].
NEW SECTION. Section 13. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
New language in a bill appears underlined, deleted material appears stricken.
Sponser names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
2021 Legislature | Leg Branch Home
All versions of this bill (PDF format)
Authorized print version of this bill (PDF format)
[ NEW SEARCH ]
Prepared by Montana Legislative Services