Montana 2023 Regular Session

Montana House Bill HB413

Introduced
2/3/23  

Caption

Repeal laws on preemption of local government on auxiliary containers

Impact

The removal of this prohibition empowers local governments to adopt regulations concerning auxiliary containers, thereby enhancing local autonomy. This change is expected to provide municipalities with the flexibility to tailor local ordinances reflecting community needs and values. In practical terms, it could affect various local policies, including waste management practices and environmental standards related to packaging and containers used within their jurisdictions.

Summary

House Bill 413 aims to amend existing statutes related to local government authority by removing the prohibition on the use of initiatives to regulate auxiliary containers. This represents a significant shift in local governance, allowing residents more direct control over issues that affect their communities. The bill proposes specific amendments to Sections 7-1-111 and 7-5-131 of the Montana Code Annotated, and it also calls for the repeal of Section 7-1-121, which had effectively preempted local regulation of auxiliary containers throughout the state.

Contention

There are likely to be contentious discussions surrounding HB 413, particularly concerning the balance of power between state and local authorities. Supporters of the bill argue that empowering local initiatives aligns governance more closely with public needs, while opponents may express concerns about potential inconsistencies in regulations across different localities. The debate may focus on whether local control enhances community engagement or if it risks creating confusion with diverging regulations statewide.

Companion Bills

No companion bills found.

Previously Filed As

MT HB160

Repeal uniform auxiliary container regulation laws

MT HB809

Prohibit local governments from enacting red flag gun laws

MT SB228

Prohibit local governments from banning petroleum fuels

MT SB208

Prohibit local governments from banning or limiting energy choices

MT SB467

Revise laws regarding local regulation of short-term rentals

MT HB594

Clarify prohibition on power of local government to require additional licensing or permitting

MT HB241

Prohibit government from requiring buildings be constructed with solar panels

MT HB283

Generally revise rental laws

MT SB420

Limit local government fees for children's use of parks

MT SB268

Generally revise short-term rental laws

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