Montana 2023 Regular Session

Montana Senate Bill SB262

Introduced
2/2/23  
Refer
2/3/23  
Engrossed
2/18/23  
Refer
3/14/23  
Enrolled
4/13/23  

Caption

Generally revise licensing requirements

Impact

If passed, SB 262 would significantly alter the landscape of local governance in Montana. By limiting the ability of local governments to impose additional licensing requirements, the bill may streamline operations for businesses that previously navigated a patchwork of local regulations. Proponents argue this will reduce administrative burdens and foster a more investor-friendly climate. However, this shift risks undermining local needs and interests, leading to a potential conflict between state and local governance models regarding regulatory control.

Summary

Senate Bill 262, introduced by D. Zolnikov, aims to revise laws related to licensing requirements and preemption by the state, expressly prohibiting local governments from requiring certain licenses under specified circumstances. The bill seeks to clarify the limits of local government authority in regulating businesses and other entities by enhancing state power over licensing decisions. This legislative change contemplates strengthening the state’s role in administering regulations that would otherwise be managed at the local level, ensuring that businesses have a consistent regulatory framework across Montana.

Sentiment

The sentiment surrounding the bill appears to be mixed. Supporters view it as a crucial step toward modernizing regulation and promoting economic growth by eliminating redundant local regulations. Conversely, critics express concern that it infringes upon local governments' autonomy to address community-specific issues. Local jurisdictions depend on their capacity to tailor regulations according to the unique character and needs of their constituents, and this bill may impede their ability to do so adequately.

Contention

Key points of contention revolve around the balance of power between state and local authorities. Opponents of SB 262 argue that it centralizes power in a way that could erode local governance, limiting the ability of communities to self-regulate in areas they deem necessary for local welfare. This tension reflects a broader national debate regarding local control versus state oversight, with the outcome of SB 262 anticipated to set a precedent for future legislative approaches to local governance throughout Montana.

Companion Bills

No companion bills found.

Previously Filed As

MT HB283

Generally revise rental laws

MT SB268

Generally revise short-term rental laws

MT SB178

Generally revise cryptocurrency laws

MT SB418

Generally revise laws relating to home based businesses

MT SB505

Generally revise zoning laws to prohibit the construction of wind generation facilities.

MT HB293

Generally revise alternative nicotine and vapor product laws relating to tobacco

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 HB149

Generally revise alternative nicotine and vapor products laws

MT HB300

Revise tobacco, alternative nicotine, and vapor product laws

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