reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 5. Enforcement › 49-2-511. Dismissal after informal proceedings -- filing of objections -- procedures -- action in district court

49-2-511. Dismissal after informal proceedings -- filing of objections -- procedures -- action in district court.
(1) If the department, after the informal investigation, issues a notice of dismissal under 49-2-501(5) or 49-2-504(7)(b), a charging party may file objections to the dismissal with the commission. The objections must be filed with the commission within 14 days after the issuance of the notice of dismissal.
(2) (a) The commission shall consider the objection in an informal hearing and review the department's findings for an abuse of discretion.
(b) If the commission overrules the objection, it shall issue its order affirming the department's notice of dismissal.
(c) If the commission sustains the objection, it shall reopen the case by remanding it to the department.
(3) (a) Within 90 days after the department has issued a notice of dismissal pursuant to 49-2-501(5) or 49-2-504(7)(b) or within 90 days after the commission has issued an order affirming the department's notice of dismissal pursuant to subsection (2)(b) of this section, the charging party may commence a civil action for appropriate relief on the merits of the case in the district court in the district in which the alleged violation occurred. If the charging party fails to commence the civil action in the district court within 90 days after the final agency decision has been issued, the claim is barred. The court may provide the same relief as described in 49-2-506. In addition, the court may in its discretion allow the prevailing party reasonable attorney fees and costs.
(b) Within 30 days after the commission issues an order affirming the department's notice of dismissal pursuant to subsection (2)(b), a party may petition a district court for judicial review of the final agency decision as provided in 2-4-604.
History: En. Sec. 6, Ch. 28, L. 2007.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 5. Enforcement › 49-2-512. Filing in district court -- compliance with administrative procedures required

49-2-512. Filing in district court -- compliance with administrative procedures required.
(1) The provisions of this chapter establish the exclusive remedy for acts constituting an alleged violation of chapter 3 or this chapter, including acts that may otherwise also constitute a violation of the discrimination provisions of Article II, section 4, of the Montana constitution or 49-1-102. A claim or request for relief based upon the acts may not be entertained by a district court other than by the procedures specified in this chapter.
(2) In addition to dismissal under 49-2-501(5) or 49-2-504(7)(b), the department shall dismiss a complaint if:
(a) the charging party fails to keep the department advised of changes of address and the department finds that the failure has impeded the administrative proceedings; or
(b) a period of 12 months has elapsed from the filing of a complaint and neither the department nor the commission has held a hearing pursuant to 49-2-505 or an informal hearing pursuant to 49-2-511. However, the department or the commission may refuse to dismiss a complaint under this subsection (2)(b) if:
(i) more than 30 days have elapsed since service of notice of hearing under 49-2-505;
(ii) the parties have stipulated to a reasonable extension of the timeframes; or
(iii) through litigation a party has unsuccessfully sought to prevent the department or the commission from conducting administrative proceedings on the complaint.
(3) Within 90 days after the department has issued a notice of dismissal pursuant to subsection (2), the charging party may commence a civil action for appropriate relief on the merits of the case in the district court in the district in which the alleged violation occurred. If the charging party fails to commence a civil action within 90 days after the dismissal has been issued, the claim is barred. The court may provide the same relief as described in 49-2-506. In addition, the court may in its discretion allow the prevailing party reasonable attorney fees and costs.
History: En. Sec. 8, Ch. 28, L. 2007.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 6. Penalties › 49-2-601. Criminal penalty

49-2-601. Criminal penalty.
A person, educational institution, or financial institution, either public or private, or a governmental entity or agency who or which willfully engages in an unlawful discriminatory practice prohibited by this chapter or willfully resists, prevents, impedes, or interferes with the commission, the department, or any of its authorized representatives in the performance of a duty under this chapter or who or which willfully violates an order of the commission or willfully violates this chapter in any other manner is guilty of a misdemeanor and is punishable by a fine of not more than $500 or by imprisonment for not more than 6 months, or both.
History: En. 64-312 by Sec. 9, Ch. 283, L. 1974; amd. Sec. 10, Ch. 524, L. 1975; R.C.M. 1947, 64-312(3); amd. Sec. 12, Ch. 177, L. 1979.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 2. Illegal Discrimination › Part 6. Penalties › 49-2-602. Intimidation or interference in right to be free from housing discrimination -- penalties

49-2-602. Intimidation or interference in right to be free from housing discrimination -- penalties.
(1) It is unlawful for a person, whether or not acting under color of law, by force or threat of force to purposefully or knowingly injure, intimidate, or interfere with or attempt to injure, intimidate, or interfere with:
(a) a person because of sex, race, creed, religion, age, familial status, physical or mental disability, color, or national origin and because the person is or has been:
(i) selling, purchasing, renting, leasing, financing, or occupying or contracting or negotiating for the sale, purchase, lease, rental, financing, or occupation of any housing accommodation or property; or
(ii) applying for or participating in any service, organization, or facility relating to the business of selling, leasing, or renting housing accommodations or property;
(b) a person because that person is or has been:
(i) participating, without discrimination because of sex, race, creed, religion, age, familial status, physical or mental disability, color, or national origin in any of the activities, services, organizations, or facilities described in this subsection (1); or
(ii) affording another person or class of persons opportunity or protection to participate in those activities, services, organizations, or facilities; or
(c) a citizen because the citizen is or has been, or in order to discourage that citizen or any other citizen from, lawfully aiding or encouraging other persons to participate in any of the activities, services, organizations, or facilities described in this subsection (1) or because the citizen is or has been lawfully participating in speech or peaceful assembly opposing any denial of the opportunity to participate.
(2) A person who violates a provision of subsection (1):
(a) shall be fined not more than $1,000 or imprisoned for not more than 1 year, or both;
(b) if bodily injury results, shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both; or
(c) if death results, shall be subject to imprisonment for any term of years or for life.
History: En. Sec. 9, Ch. 801, L. 1991; amd. Sec. 10, Ch. 407, L. 1993.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 1. General Provisions › 49-3-101. Definitions

49-3-101. Definitions.
As used in this chapter, the following definitions apply:
(1) "Age" means number of years since birth. It does not mean level of maturity or ability to handle responsibility, which may represent legitimate considerations as reasonable grounds for discrimination without reference to age.
(2) "Commission" means the commission for human rights provided for in 2-15-1706.
(3) (a) "Physical or mental disability" means:
(i) a physical or mental impairment that substantially limits one or more of a person's major life activities;
(ii) a record of such an impairment; or
(iii) a condition regarded as such an impairment.
(b) Discrimination based upon, because of, on the basis of, on the grounds of, or with regard to physical or mental disability includes the failure to make reasonable accommodations that are required by an otherwise qualified person who has a physical or mental disability. Any accommodation that would require an undue hardship or that would endanger the health or safety of any person is not a reasonable accommodation.
(4) "Sex" has the meaning provided in 1-1-201.
(5) "State or local governmental agency" means:
(a) any branch, department, office, board, bureau, commission, agency, university unit, college, or other instrumentality of state government; or
(b) a county, city, town, school district, or other unit of local government and any instrumentality of local government.
(6) "Qualifications" means qualifications that are genuinely related to competent performance of the particular occupational task.
History: (1)En. 64-316 by Sec. 1, Ch. 487, L. 1975; Sec. 64-316, R.C.M. 1947; (2)En. 64-319 by Sec. 4, Ch. 487, L. 1975; amd. Sec. 11, Ch. 38, L. 1977; Sec. 64-319, R.C.M. 1947; R.C.M. 1947, 64-316, 64-319(part); amd. Sec. 13, Ch. 177, L. 1979; amd. Sec. 1, Ch. 540, L. 1983; amd. Sec. 2, Ch. 241, L. 1991; amd. Sec. 11, Ch. 407, L. 1993; amd. Sec. 28, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 1. General Provisions › 49-3-102. What local governmental units affected

49-3-102. What local governmental units affected.
Local governmental units affected by this chapter include all political subdivisions of the state, including school districts.
History: En. 64-327 by Sec. 12, Ch. 487, L. 1975; R.C.M. 1947, 64-327.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 1. General Provisions › 49-3-103. Permitted distinctions

49-3-103. Permitted distinctions.
(1) Nothing in this chapter prohibits any public employer:
(a) from enforcing a differentiation based on marital status, age, or physical or mental disability when based on a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or where the differentiation is based on reasonable factors other than age;
(b) from observing the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this chapter, except that an employee benefit plan may not excuse the failure to hire any individual;
(c) from discharging or otherwise disciplining an individual for good cause; or
(d) from providing greater or additional contributions to a bona fide group insurance plan for employees with dependents than to those employees without dependents or with fewer dependents.
(2) The application of an employment preference as provided for in 2-18-111, 10-2-402, 18-1-110, and Title 39, chapter 29 or 30, by a public employer as defined in 39-29-101 and 39-30-103 may not be construed to constitute a violation of this chapter.
History: En. 64-328 by Sec. 13, Ch. 487, L. 1975; R.C.M. 1947, 64-328; amd. Sec. 2, Ch. 279, L. 1983; (2) En. Sec. 13, Ch. 1, Sp. L. 1983; amd. Sec. 16, Ch. 646, L. 1989; amd. Sec. 5, Ch. 506, L. 1991; amd. Sec. 6, Ch. 13, L. 1993; amd. Sec. 12, Ch. 407, L. 1993.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 1. General Provisions › 49-3-104. Quotas not required

49-3-104. Quotas not required.
Nothing in this chapter shall be construed as requiring the institution of a system of quotas for representation of any sex, age, religious, racial, ethnic, or other group affected by this chapter.
History: En. 64-330 by Sec. 15, Ch. 487, L. 1975; R.C.M. 1947, 64-330.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 1. General Provisions › 49-3-106. Rulemaking authority

49-3-106. Rulemaking authority.
The commission may adopt rules necessary for the implementation of this chapter, in accordance with the Montana Administrative Procedure Act. The rules may include but are not limited to procedural rules for:
(1) filing of complaints;
(2) conducting investigations of complaints;
(3) petitioning for a declaratory ruling; and
(4) conduct of hearings.
History: En. Sec. 2, Ch. 540, L. 1983; amd. Sec. 7, Ch. 801, L. 1991.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 2. Duties of Governmental Agencies and Officials › 49-3-201. Employment of state and local government personnel

49-3-201. Employment of state and local government personnel.
(1) State and local government officials and supervisory personnel shall recruit, appoint, assign, train, evaluate, and promote personnel on the basis of merit and qualifications without regard to race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin.
(2) All state and local governmental agencies shall:
(a) promulgate written directives to carry out this policy and to guarantee equal employment opportunities at all levels of state and local government;
(b) regularly review their personnel practices to ensure compliance; and
(c) conduct continuing orientation and training programs with emphasis on human relations and fair employment practices.
(3) The department of administration shall ensure that the entire examination process, including appraisal of qualifications, is free from bias.
(4) Appointing authorities shall exercise care to ensure utilization of minority group persons.
(5) Compliance with 2-2-302 and 2-2-303, which prohibit nepotism in public agencies, may not be construed as a violation of this section.
(6) For the purposes of this section, employment does not refer to or include services provided by an individual working under an independent contractor exemption certificate issued under 39-71-417.
History: En. 64-317 by Sec. 2, Ch. 487, L. 1975; amd. Sec. 9, Ch. 38, L. 1977; R.C.M. 1947, 64-317; amd. Sec. 14, Ch. 177, L. 1979; amd. Sec. 3, Ch. 342, L. 1985; amd. Sec. 13, Ch. 407, L. 1993; amd. Sec. 2, Ch. 201, L. 2011.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 2. Duties of Governmental Agencies and Officials › 49-3-202. Employment referrals and placement services

49-3-202. Employment referrals and placement services.
(1) All state and local governmental agencies, including educational institutions, that provide employment referrals or placement services to public or private employers shall accept job orders on a fair practice basis. A job request indicating an intention to exclude a person because of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin must be rejected.
(2) All state and local governmental agencies shall cooperate in programs developed by the commission for human rights for the purpose of broadening the base of job recruitment and shall further cooperate with employers and unions providing the programs.
(3) The department of labor and industry shall cooperate with the commission for human rights in encouraging and enforcing compliance by employers and labor unions with the policy of this chapter and promotion of equal employment opportunities.
History: En. 64-320 by Sec. 5, Ch. 487, L. 1975; amd. Sec. 12, Ch. 38, L. 1977; R.C.M. 1947, 64-320; amd. Sec. 14, Ch. 407, L. 1993.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 2. Duties of Governmental Agencies and Officials › 49-3-203. Educational, counseling, and training programs

49-3-203. Educational, counseling, and training programs.
All educational, counseling, and vocational guidance programs and all apprenticeship and on-the-job training programs of state and local governmental agencies or in which state and local governmental agencies participate must be open to all persons, who must be accepted on the basis of merit and qualifications without regard to race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin. The programs must be conducted to encourage the full development of the interests, aptitudes, skills, and capacities of all students and trainees, with special attention to the problems of persons who are culturally deprived or who are educationally or economically disadvantaged. Expansion of training opportunities under these programs must be encouraged to involve larger numbers of participants from those segments of the labor force in which the need for upgrading levels of skill is greatest.
History: En. 64-323 by Sec. 8, Ch. 487, L. 1975; amd. Sec. 14, Ch. 38, L. 1977; R.C.M. 1947, 64-323; amd. Sec. 15, Ch. 177, L. 1979; amd. Sec. 15, Ch. 407, L. 1993.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 2. Duties of Governmental Agencies and Officials › 49-3-204. Licensing

49-3-204. Licensing.
(1) A state or local governmental agency may not grant, deny, or revoke the license or charter of a person on the grounds of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin. Each state or local governmental agency shall take appropriate action in the exercise of its licensing or regulatory power as will assure equal treatment of all persons, eliminate discrimination, and enforce compliance with the policy of this chapter. This subsection does not prevent the department of public health and human services from licensing a child-placing agency that gives nonarbitrary consideration in adoption proceedings to relevant information concerning the factors listed in this subsection. Consideration of religious factors by a licensed child-placing agency that is affiliated with a particular religious faith is not arbitrary consideration of religion within the meaning of this section.
(2) The state may not issue or renew a license under Title 16, chapter 4, to an applicant or licensee that excludes from its membership or from its goods, services, facilities, privileges, or advantages any individual on the grounds of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin. This subsection does not apply to any lodge of a recognized national fraternal organization.
History: En. 64-321 by Sec. 6, Ch. 487, L. 1975; amd. Sec. 13, Ch. 38, L. 1977; R.C.M. 1947, 64-321; amd. Sec. 16, Ch. 177, L. 1979; amd. Sec. 3, Ch. 543, L. 1989; amd. Sec. 4, Ch. 682, L. 1991; amd. Sec. 16, Ch. 407, L. 1993; amd. Sec. 235, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 2. Duties of Governmental Agencies and Officials › 49-3-205. Governmental services

49-3-205. Governmental services.
(1) All services of every state or local governmental agency must be performed without discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin.
(2) A state or local facility may not be used in the furtherance of any discriminatory practice, nor may a state or local governmental agency become a party to an agreement, arrangement, or plan that has the effect of sanctioning discriminatory practices.
(3) Each state or local governmental agency shall analyze all of its operations to ascertain possible instances of noncompliance with the policy of this chapter and shall initiate comprehensive programs to remedy any defect found to exist.
(4) This section does not prevent the nonarbitrary consideration in adoption proceedings of relevant information concerning the factors listed in this section.
History: En. 64-318 by Sec. 3, Ch. 487, L. 1975; amd. Sec. 10, Ch. 38, L. 1977; R.C.M. 1947, 64-318; amd. Sec. 17, Ch. 177, L. 1979; amd. Sec. 5, Ch. 682, L. 1991; amd. Sec. 17, Ch. 407, L. 1993.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 2. Duties of Governmental Agencies and Officials › 49-3-206. Distribution of governmental funds

49-3-206. Distribution of governmental funds.
Race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin may not be considered as limiting factors with regard to applicants' qualifications for benefits authorized by law in state or locally administered programs involving the distribution of funds; nor may state agencies provide grants, loans, or other financial assistance to public agencies, private institutions, or organizations which engage in discriminatory practices.
History: En. 64-324 by Sec. 9, Ch. 487, L. 1975; amd. Sec. 15, Ch. 38, L. 1977; R.C.M. 1947, 64-324; amd. Sec. 18, Ch. 407, L. 1993.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 2. Duties of Governmental Agencies and Officials › 49-3-207. Nondiscrimination provision in all public contracts

49-3-207. Nondiscrimination provision in all public contracts.
Every state or local contract or subcontract for construction of public buildings or for other public work or for goods or services must contain a provision that all hiring must be on the basis of merit and qualifications and a provision that there may not be discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract.
History: En. 64-319 by Sec. 4, Ch. 487, L. 1975; amd. Sec. 11, Ch. 38, L. 1977; R.C.M. 1947, 64-319(part); amd. Sec. 18, Ch. 177, L. 1979; amd. Sec. 19, Ch. 407, L. 1993.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 2. Duties of Governmental Agencies and Officials › 49-3-208. Public accommodations laws

49-3-208. Public accommodations laws.
No state or local governmental agency may permit any violation of the public accommodations provisions of 49-2-304.
History: En. 64-322 by Sec. 7, Ch. 487, L. 1975; R.C.M. 1947, 64-322; amd. Sec. 19, Ch. 177, L. 1979.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 2. Duties of Governmental Agencies and Officials › 49-3-209. Retaliation prohibited

49-3-209. Retaliation prohibited.
It is an unlawful discriminatory practice for a state or local governmental agency to discharge, expel, blacklist, or otherwise discriminate against an individual because the individual has opposed any practices forbidden under this chapter or because the individual has filed a complaint, testified, assisted, or participated in any manner in an investigation or proceeding under this chapter.
History: En. Sec. 3, Ch. 540, L. 1983; amd. Sec. 1802, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 3. Enforcement and Remedies › 49-3-301. Cooperation with commission for human rights

49-3-301. Cooperation with commission for human rights.
All state and local governmental agencies shall cooperate with the commission for human rights in the commission's enforcement and educational programs. They shall comply with the commission's requests for information concerning practices inconsistent with the state policy against discrimination and shall consider its recommendations for effectuating and implementing that policy. The commission shall continue to augment its enforcement and educational programs which seek to eliminate all discrimination.
History: En. 64-325 by Sec. 10, Ch. 487, L. 1975; R.C.M. 1947, 64-325; amd. Sec. 20, Ch. 177, L. 1979.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 3. Enforcement and Remedies › 49-3-302. Repealed

49-3-302. Repealed.
Sec. 3, Ch. 370, L. 1989.
History: En. 64-326 by Sec. 11, Ch. 487, L. 1975; R.C.M. 1947, 64-326; amd. Sec. 21, Ch. 177, L. 1979.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 3. Enforcement and Remedies › 49-3-303. Repealed

49-3-303. Repealed.
Sec. 14, Ch. 540, L. 1983.
History: En. 64-329 by Sec. 14, Ch. 487, L. 1975; R.C.M. 1947, 64-329; amd. Sec. 1, Ch. 168, L. 1981.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 3. Enforcement and Remedies › 49-3-304. Repealed

49-3-304. Repealed.
Sec. 18, Ch. 467, L. 1997.
History: En. Sec. 5, Ch. 540, L. 1983; amd. Sec. 2, Ch. 415, L. 1987.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 3. Enforcement and Remedies › 49-3-306. Repealed

49-3-306. Repealed.
Sec. 18, Ch. 467, L. 1997.
History: En. Sec. 7, Ch. 540, L. 1983; amd. Sec. 8, Ch. 801, L. 1991.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 3. Enforcement and Remedies › 49-3-311. Repealed

49-3-311. Repealed.
Sec. 18, Ch. 467, L. 1997.
History: En. Sec. 12, Ch. 540, L. 1983; amd. Sec. 2, Ch. 539, L. 1985.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 3. Enforcement and Remedies › 49-3-312. Repealed

49-3-312. Repealed.
Sec. 18, Ch. 467, L. 1997.
History: En. Sec. 13, Ch. 540, L. 1983; amd. Sec. 2, Ch. 511, L. 1987.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 3. Governmental Code of Fair Practices › Part 3. Enforcement and Remedies › 49-3-315. Enforcement and remedies

49-3-315. Enforcement and remedies.
The procedures set forth in chapter 2, part 5, apply to complaints alleging a violation of this chapter.
History: En. Sec. 16, Ch. 467, L. 1997.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 1. Discrimination in Employment › 49-4-101. Discrimination prohibited

49-4-101. Discrimination prohibited.
It is unlawful to discriminate, in hiring or employment, against a person because of the person's physical disability. There is no discrimination when the nature or extent of the disability reasonably precludes the performance of the particular employment or when the particular employment may subject the person with a disability or that person's fellow employees to physical harm.
History: En. Sec. 3, Ch. 77, L. 1974; R.C.M. 1947, 64-304(part); amd. Sec. 20, Ch. 407, L. 1993.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 1. Discrimination in Employment › 49-4-102. Penalty and civil remedy

49-4-102. Penalty and civil remedy.
A person who practices discrimination in violation of 49-4-101 commits a misdemeanor and is also liable in a district court action for civil damages and attorney fees by the person discriminated against. If the person who allegedly practiced discrimination prevails in the civil action, the person is entitled to recover reasonable attorney fees from the person who alleged the discrimination.
History: En. Sec. 3, Ch. 77, L. 1974; R.C.M. 1947, 64-304(part); amd. Sec. 1803, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 2. Rights of the Physically Disabled › 49-4-201. Repealed

49-4-201. Repealed.
Sec. 11, Ch. 239, L. 1983.
History: En. Sec. 1, Ch. 181, L. 1971; R.C.M. 1947, 71-1303.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 2. Rights of the Physically Disabled › 49-4-202. Policy of the state

49-4-202. Policy of the state.
It is the policy of the state to encourage and enable the blind, the visually impaired, the deaf, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment. The blind, the visually impaired, the deaf, and the otherwise physically disabled must be employed in the state service, the service of the political subdivisions of the state, the public schools, and all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.
History: En. Sec. 2, Ch. 181, L. 1971; R.C.M. 1947, 71-1304; amd. Sec. 1, Ch. 176, L. 1981; amd. Sec. 21, Ch. 407, L. 1993.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 2. Rights of the Physically Disabled › 49-4-203. Definitions

49-4-203. Definitions.
(1) "Housing accommodation" means any real property or portion of real property that is used or occupied or is intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or more human beings. The term does not include any single-family residence the occupants of which furnish for compensation not more than one room within the residence.
(2) "Service animal" means a dog or miniature horse individually trained to provide assistance to an individual with a disability. The term does not include an emotional support animal.
History: En. 71-1305.1 by Sec. 5, Ch. 266, L. 1975; amd. Sec. 2, Ch. 35, L. 1977; R.C.M. 1947, 71-1305.1(2); amd. Sec. 1, Ch. 394, L. 1997; amd. Sec. 1, Ch. 361, L. 2019.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 2. Rights of the Physically Disabled › 49-4-211. Right to use public places and accommodations

49-4-211. Right to use public places and accommodations.
(1) The blind, the visually impaired, and the deaf have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.
(2) The blind, the visually impaired, and the deaf are entitled to full and equal accommodations, advantages, facilities, and all public accommodations, as defined in 49-2-101, subject only to the conditions and limitations established by law and applicable alike to all persons.
History: En. Sec. 3, Ch. 181, L. 1971; amd. Sec. 1, Ch. 266, L. 1975; R.C.M. 1947, 71-1305(2), (3); amd. Sec. 22, Ch. 177, L. 1979; amd. Sec. 2, Ch. 176, L. 1981; amd. Sec. 22, Ch. 407, L. 1993; amd. Sec. 1, Ch. 163, L. 2023.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 2. Rights of the Physically Disabled › 49-4-212. Access to housing accommodations

49-4-212. Access to housing accommodations.
Blind, visually impaired, and deaf persons are entitled to as full and equal access as other members of the general public to any housing accommodation offered for compensation in this state.
History: En. 71-1305.1 by Sec. 5, Ch. 266, L. 1975; amd. Sec. 2, Ch. 35, L. 1977; R.C.M. 1947, 71-1305.1(1), (3); amd. Sec. 3, Ch. 176, L. 1981; amd. Sec. 10, Ch. 801, L. 1991; amd. Sec. 23, Ch. 407, L. 1993.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 2. Rights of the Physically Disabled › 49-4-213. Use of white or metallic-colored canes restricted to the blind

49-4-213. Use of white or metallic-colored canes restricted to the blind.
No person, except those wholly or partially blind, shall carry or use on any street or highway or in any other public place a cane or walking stick which is white or metallic in color or white or metallic tipped with red.
History: En. Sec. 3, Ch. 181, L. 1971; amd. Sec. 1, Ch. 266, L. 1975; R.C.M. 1947, 71-1305(1).
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 2. Rights of the Physically Disabled › 49-4-214. Right to be accompanied by service animal -- identification for service animals in training

49-4-214. Right to be accompanied by service animal -- identification for service animals in training.
(1) A person with a disability has the right to be accompanied by a service animal or a service animal in training with identification complying with subsection (4) in any of the places mentioned in 49-4-211(2) without being charged extra for the service animal. The person with a disability is liable for any damage done to the property by the animal.
(2) A person with a disability who has a service animal or who obtains a service animal is entitled to full and equal access to all housing accommodations as provided in 49-2-305 and 49-4-212. The person with a disability may not be required to pay extra compensation for the service animal but is liable for any damage done to the premises by the service animal.
(3) A person who is training a service animal is entitled to the same rights and assumes the same responsibilities granted to a person with a disability in this section.
(4) For the purposes of this section, a service animal in training shall wear a leash, collar, cape, harness, or backpack that identifies in writing that the animal is a service animal in training. The written identification for service animals in training must be visible and legible from a distance of at least 20 feet.
(5) If a person has a service animal that provides assistance and the person wishes to access the places and accommodations mentioned in 49-4-211 accompanied by the animal in its capacity as a service animal:
(a) the animal must be under the handler's control as required under 28 CFR 35.136 that is in effect as of October 1, 2019; and
(b) the person may be asked by a representative of the place or accommodation:
(i) whether the animal is a service animal that is required because of a disability; and
(ii) to describe the work or task the animal is trained to perform.
(6) (a) If the animal described in subsection (5) is not under the handler's control and the handler has not taken effective action to control the animal or the animal is not housebroken, the handler may be asked to remove the animal from the place or accommodation.
(b) A place or accommodation that asks that an animal be removed from the place or accommodation as provided in subsection (6)(a) shall give the animal's handler the opportunity to participate in the service, program, or activity without having the service animal on the premises.
(7) If a place or accommodation mentioned in 49-4-211 posts a notice that dogs or other animals are prohibited on the premises, the place or accommodation must also indicate that a person may be accompanied by a service animal subject to the provisions of this chapter.
History: En. Sec. 4, Ch. 181, L. 1971; amd. Sec. 2, Ch. 266, L. 1975; R.C.M. 1947, 71-1306; amd. Sec. 23, Ch. 177, L. 1979; amd. Sec. 4, Ch. 176, L. 1981; amd. Sec. 2, Ch. 394, L. 1997; amd. Sec. 2, Ch. 361, L. 2019.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 2. Rights of the Physically Disabled › 49-4-215. Penalty for violating rights

49-4-215. Penalty for violating rights.
Any person, firm, or corporation or the agent of any person, firm, or corporation who denies or interferes with admittance to or enjoyment of the public facilities enumerated in 49-4-211 or otherwise interferes with the rights of a totally or partially blind, deaf, or otherwise disabled person under 49-4-211 is guilty of a misdemeanor.
History: En. Sec. 4, Ch. 266, L. 1975; R.C.M. 1947, 71-1309; amd. Sec. 5, Ch. 176, L. 1981.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 2. Rights of the Physically Disabled › 49-4-216. Duty and civil liability of pedestrian or driver approaching blind person

49-4-216. Duty and civil liability of pedestrian or driver approaching blind person.
(1) A pedestrian who is not totally or partially blind or a driver of a vehicle who approaches or comes in contact with a person who is totally or partially blind and is carrying a cane or walking stick predominantly white or metallic in color or white tipped with red or is being led by a trained guide dog wearing a harness and walking on either side of or slightly in front of such blind person shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to such blind person.
(2) A driver or pedestrian who fails to take such precautions is liable in damages for any injury caused the totally or partially blind person. A totally or partially blind pedestrian who is not carrying such a cane or using a guide dog in any of the places listed in 49-4-211 has all of the rights and privileges conferred by law upon other persons, and the failure of such a pedestrian to carry such a cane or to use a guide dog in any such place may not be held to constitute or be evidence of contributory negligence.
History: En. Sec. 5, Ch. 181, L. 1971; amd. Sec. 3, Ch. 266, L. 1975; R.C.M. 1947, 71-1307; amd. Sec. 24, Ch. 177, L. 1979.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 2. Rights of the Physically Disabled › 49-4-217. Penalty for violation of duty or unauthorized use of cane

49-4-217. Penalty for violation of duty or unauthorized use of cane.
Any person other than a person wholly or partially blind who shall carry a cane or walking stick such as is described in this part, contrary to the provisions of this part, or who shall fail to heed the approach of a person carrying such a cane as is described by this part or who shall fail to come to a full stop when approaching or coming in contact with a person so carrying such a cane or walking stick or being led by a trained guide dog or who shall fail to take precaution against accidents or injury to such person after coming to a stop, as provided for herein, is guilty of a misdemeanor punishable by a fine not to exceed $25.
History: En. Sec. 6, Ch. 181, L. 1971; R.C.M. 1947, 71-1308.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 2. Rights of the Physically Disabled › 49-4-221. Misrepresentation of a service animal -- complaint -- investigation

49-4-221. Misrepresentation of a service animal -- complaint -- investigation.
(1) If a person knowingly and willfully represents that an animal is a trained service animal by fitting the animal with a leash, collar, cape, harness, backpack, or sign that identifies the animal as a service animal or claims verbally or in writing that the animal is a service animal in order to access the places and accommodations mentioned in 49-4-211 with the animal and it is found that the animal is not properly trained to provide services required of a service animal, the person may be asked to remove the animal from a place or accommodation as mentioned in 49-4-211 and local law enforcement may be called to investigate.
(2) An animal may be determined to lack the proper training required of a service animal if the animal is not housebroken or the animal is not under the control of the handler and the animal's handler does not take effective action to control the animal.
(3) (a) A representative of a place or accommodation mentioned in 49-4-211 who suspects that an animal is being misrepresented as a service animal to gain entry to the place or accommodation may file a complaint with local law enforcement. The complaint must be written and must state the particulars of the alleged misrepresentation.
(b) A representative may not file a complaint unless the place or accommodation has posted conspicuous public notice that the place or accommodation:
(i) does not allow animals other than service animals; and
(ii) reserves the right to file complaints alleging the misrepresentation of service animals under this section.
(c) The notice required in subsection (3)(b) may include notice of the questions allowed under 49-4-214(5)(b) and that the animal must be housebroken and under the handler's control.
(4) If local law enforcement is called to investigate as provided in subsection (1), written results of the investigation must be provided to the place or accommodation where the instance occurred and to the handler of the animal in question.
History: En. Sec. 3, Ch. 361, L. 2019.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 2. Rights of the Physically Disabled › 49-4-222. Misrepresentation of a service animal -- misdemeanor -- penalty

49-4-222. Misrepresentation of a service animal -- misdemeanor -- penalty.
(1) A person who misrepresents a service animal as provided in 49-4-221 may be found guilty of a misdemeanor if:
(a) the person was previously given a written warning regarding the fact that it is illegal to intentionally misrepresent a service animal; and
(b) the person continued to misrepresent the animal as a service animal in order to gain any of the rights or privileges afforded to a service animal.
(2) A person who violates subsection (1) shall be punished as follows:
(a) for a first offense, a fine of $50;
(b) for a second offense, a fine of not less than $75 or more than $200; and
(c) for a third or subsequent offense, a fine of not less than $100 or more than $1,000.
(3) In addition to the penalty provided in subsection (2), a person convicted of the offense of misrepresentation of a service animal under subsection (1) may be required to perform community service for an organization that advocates on the behalf of persons with disabilities.
History: En. Sec. 4, Ch. 361, L. 2019.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 3. Disability Parking Permits › 49-4-303. Issuance of interim disability parking permit

49-4-303. Issuance of interim disability parking permit.
A licensed physician, a licensed chiropractor, or a licensed advanced practice registered nurse, as provided in 37-8-202, may issue an interim disability parking permit, in a form authorized by the department, to a person who has a disability that limits or impairs the person's mobility and upon whose behalf the physician, chiropractor, or advanced practice registered nurse has submitted a request for a disability parking permit under 49-4-301. The interim disability parking permit is valid only in Montana, may not be renewed or extended, and expires 5 days from the date of issuance.
History: En. 53-106.12 by Sec. 1, Ch. 31, L. 1977; R.C.M. 1947, 53-106.12(4), (5); amd. Sec. 2, Ch. 280, L. 1997; amd. Sec. 2, Ch. 156, L. 1999; amd. Sec. 30, Ch. 596, L. 2005; amd. Sec. 5, Ch. 390, L. 2021.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 3. Disability Parking Permits › 49-4-304. Disability license plate or placard to be provided and displayed -- additional placards allowed -- rulemaking required

49-4-304. Disability license plate or placard to be provided and displayed -- additional placards allowed -- rulemaking required.
(1) Except as authorized in 49-4-303, unless the department of justice issued a disability license plate under 61-3-332(9) or 61-3-458(4)(b) or (4)(i) indicating an accessible parking privilege, the department shall provide a placard to be displayed on or in a motor vehicle to indicate a parking privilege granted under this part. The disability license plate must be affixed to the vehicle according to 61-3-301, or the placard must be prominently displayed in the windshield of a vehicle when the parking privilege is being used by the person with a disability in a vehicle other than the one to which a disability license plate is affixed.
(2) Subject to the provisions of 49-4-301 through 49-4-305, a person who is eligible to receive a disability parking permit may apply to the department for one or more placards.
(3) The department shall issue up to two placards to eligible individuals and may issue additional placards. The department shall adopt rules to determine the process for an individual to request additional placards.
(4) Upon application under 49-4-301, a person with a disability who does not hold a driver's license or does not own a vehicle may receive a placard to be displayed in a vehicle in which the person with a disability is being conveyed when the parking privilege is being used.
(5) The placard must bear a representation of a wheelchair as the symbol of a person with a disability.
History: En. 53-106.12 by Sec. 1, Ch. 31, L. 1977; R.C.M. 1947, 53-106.12(3); amd. Sec. 3, Ch. 614, L. 1983; amd. Sec. 4, Ch. 159, L. 1985; amd. Sec. 1, Ch. 456, L. 1991; amd. Sec. 17, Ch. 724, L. 1991; amd. Sec. 26, Ch. 407, L. 1993; amd. Sec. 3, Ch. 489, L. 1995; amd. Sec. 9, Ch. 399, L. 2003; amd. Sec. 31, Ch. 596, L. 2005; amd. Sec. 2, Ch. 59, L. 2007; amd. Sec. 2, Ch. 233, L. 2009; amd. Sec. 1, Ch. 323, L. 2017; amd. Sec. 6, Ch. 390, L. 2021.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 3. Disability Parking Permits › 49-4-305. Expiration of permit

49-4-305. Expiration of permit.
(1) Except as provided in 49-4-303 and subsection (2) of this section, a disability parking permit expires on the occurrence of either of the following:
(a) 5 years from the date of issuance, unless the permit was issued to a person who has a condition expected to improve within 6 months. A person may renew a permit if a licensed physician, a licensed chiropractor, or a licensed advanced practice registered nurse, as provided in 37-8-202, certifies that the person's mobility disability still exists and that one of the criteria specified in 49-4-301 continues to be met.
(b) certification by a licensed physician, a licensed chiropractor, or a licensed advanced practice registered nurse that the person's mobility disability no longer exists or that the criteria specified in 49-4-301 can no longer be met.
(2) A permit issued before October 1, 1993, expires on the earlier of:
(a) the death of the permittee;
(b) certification by a licensed physician, a licensed chiropractor, or a licensed advanced practice registered nurse that the person's mobility disability no longer exists or that the criteria specified in 49-4-301 can no longer be met; or
(c) October 1, 2022.
History: En. 53-106.12 by Sec. 1, Ch. 31, L. 1977; R.C.M. 1947, 53-106.12(7); amd. Sec. 4, Ch. 614, L. 1983; amd. Sec. 4, Ch. 406, L. 1993; amd. Sec. 27, Ch. 407, L. 1993; amd. Sec. 3, Ch. 392, L. 1995; amd. Sec. 3, Ch. 280, L. 1997; amd. Sec. 3, Ch. 156, L. 1999; amd. Sec. 32, Ch. 596, L. 2005; amd. Sec. 1, Ch. 109, L. 2021; amd. Sec. 7, Ch. 390, L. 2021.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 3. Disability Parking Permits › 49-4-306. Department of justice to publicize permit

49-4-306. Department of justice to publicize permit.
(1) The department of justice shall publicize the provisions of 49-4-301 through 49-4-305 in a manner designed to inform those eligible for a disability parking permit.
(2) The department of justice shall budget sufficient funds to accomplish the requirements of subsection (1).
History: En. Sec. 1, Ch. 32, L. 1981; amd. Sec. 8, Ch. 390, L. 2021.
2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 3. Disability Parking Permits › 49-4-307. Penalty

49-4-307. Penalty.
A person who parks a motor vehicle or motorcycle in violation of 49-4-302(2) is guilty of a misdemeanor and is punishable by a fine of $100. However, a person charged with violating 49-4-302(2) may not be convicted if within 3 business days the person produces in court or the office of the arresting officer a disability parking permit that was previously issued to the person and that is valid at the time of arrest.
History: En. Sec. 6, Ch. 614, L. 1983; amd. Sec. 2, Ch. 187, L. 1987; amd. Sec. 5, Ch. 406, L. 1993; amd. Sec. 9, Ch. 390, L. 2021.