Requires schools provide vaccine exemption information but retains restricted religious exemption & no conscientious added, missed opportunity to fix

State: MT
Bill Number: HB 715
Position: WATCH
Action Required: NONE
Status: ENACTED, signed by Governor Greg Gianforte on 5/18/2023, Effective date 7/1/2023, Chapter Number 534

Legislation Details:

UPDATE: 5/18/2023 - HB 715 was enacted. It was signed by Governor Greg Gianforte on 5/18/2023 with effective date of 7/1/2023. Chapter Number 534.

UPDATE: 5/8/2023 - Transmitted to Governor Greg Gianforte for signature on 5/8/2023.
UPDATE: 5/4/2023 - Signed by the Speaker of the House and President of the Senate on 5/4/2023.

UPDATE: 4/23/2023 - HB 715 was returned from enrolling on 4/23/2023. View enrolled version HERE

UPDATE: 4/20/2023 - HB 715 was sent to Enrolling on 4/20/2023.

UPDATE: 4/18/2023 - HB 715 passed the 3rd Reading on 4/18/2023 by a vote of 30 Yes, 20 No.

UPDATE: 4/17/2023 - HB 715 passed the 2nd Reading by a vote of 29 Yes, 21 No on 4/17/2023.

UPDATE: 4/14/2023 - HB 715 is scheduled for a 2nd Reading in the Full Senate on 4/17/2023. 

UPDATE: 4/7/2023 - HB 715 passed the Senate Public Health, Welfare and Safety Committee by vote of 6 Yeas, 3 Nays on 4/7/2023. View Committee Report HERE.

UPDATE: 4/2/2023 - HB 715 is scheduled for a hearing in the Senate Public Health, Welfare and Safety Committee on Wednesday, April 5th, 2023 at 3:00 PM in Room 317. View the Agenda HERE. Watch the hearing live HERE.  

View 2023 Montana Legislative Session Testimony Tips HERE | View Tips on In-Person Testimony Before A Montana Legislative Committee HERE

IN-PERSON TESTIMONY: The public will be allowed to attend hearings at the capitol, but because of social distancing, you may only be allowed in the room when it is your time to testify and may not be able to stay in the room. We ask that you wear a mask or face covering in the Capitol Building and in hearing rooms. When your turn to testify comes, address the presiding officer and committee members and identify yourself with your name, hometown, occupation, affiliation, or other information that will indicate your acquaintance with the subject. Be specific, confine your remarks to the subject at issue, and indicate clearly your reasons for supporting or opposing the bill. In order for your testimony to be part of the official record, you are strongly encouraged to provide a written copy of your testimony to committee members and the committee secretary. If you have access to copying facilities, it will be helpful if you provide sufficient copies for each committee member plus two for the staff. (Please note that public copying machines are not available at the Capitol, so copies should be made ahead of time.) However, do not let the fact that you have not prepared a written statement prevent you from testifying. 

VIRTUAL TESTIMONY: you can request to testify remotely or upload your testimony HERE. Testimony and supporting documentation MUST be submitted by 5 PM the day before the hearing begins. Testimony will be able to be submitted 4 days before the hearing is listed. All form fields are required unless otherwise noted. FAQ: Remote Testimony

UPDATE: 3/13/2023 - HB 715 was referred to the Senate Public Health, Welfare and Safety Committee on 3/13/2023. 

UPDATE: 3/3/2023 - HB 715 passed the full House on 3/3/2023 by a vote of 64 yes and 33 no and was transmitted to the Senate on 3/3/2023. 

UPDATE: 3/1/2023 - The new, amended version of HB 715 is available here. NVIC can not support HB 715 as amended by the House Human Services Committee.  A better bill that still includes a conscientious belief exemption is SB 450. 

The amended version:

Does not remove ability of colleges to have more stringent requirements, instead adds:

THE GOVERNING AUTHORITY OF A POSTSECONDARY SCHOOL MAY, AS A CONDITION OF ATTENDANCE, IMPOSE IMMUNIZATION REQUIREMENTS THAT ARE MORE STRINGENT THAN THOSE REQUIRED BY THIS PART, SUBJECT TO THE EXEMPTIONS PROVIDED FOR IN 20-5-405. OPPOSE 

Still requires any communication from a school, including websites and social media postings, regarding the immunizations required under this section must include information about the exemptions available under 20-5- 19 405, including copies of, or links to, exemption forms prescribed or developed by the department under 20-5- 20 405." SUPPORT  

Removes the proposed conscientious belief exemption and keeps the restricted religious belief language:

IMMUNIZATION IS CONTRARY TO THE RELIGIOUS TENETS AND PRACTICES OF THE SIGNER. OPPOSE

Removes the requirement that the religious exemption be notarized. SUPPORT  

Current state law states:

(a) The department may not require a medical exemption form under this section that imposes requirements that are more burdensome or otherwise in excess of the requirements described in this section. A form prescribed by the department that contains requirements not expressly described in this section is void to the extent that it purports to impose requirements not included in this section.

(b) A governing authority may not deny a medical exemption on the basis that a person has not completed portions of the medical exemption form that are void under this subsection (3).

  • The amended version removes “medical” and would have this restriction apply also to the religious exemption. NVIC could support this addition if it included a conscientious belief exemption, but it does not 

UPDATE: 2/28/2023 - HB 715 was amended and passed the House Human Services Committee on 2/28/2023 by a vote of 13 yes and 8 no. 

UPDATE: 2/23/2023 - HB 715 is scheduled for a hearing in the House Human Services Committee on 2/27/2023 at 3:00 PM in Room 152.  See agenda HEREStream the live hearing HERE.

View 2023 Montana Legislative Session Testimony Tips HERE | View Tips on In-Person Testimony Before A Montana Legislative Committee HERE

IN-PERSON TESTIMONY: The public will be allowed to attend hearings at the capitol, but because of social distancing, you may only be allowed in the room when it is your time to testify and may not be able to stay in the room. We ask that you wear a mask or face covering in the Capitol Building and in hearing rooms. When your turn to testify comes, address the presiding officer and committee members and identify yourself with your name, hometown, occupation, affiliation, or other information that will indicate your acquaintance with the subject. Be specific, confine your remarks to the subject at issue, and indicate clearly your reasons for supporting or opposing the bill. In order for your testimony to be part of the official record, you are strongly encouraged to provide a written copy of your testimony to committee members and the committee secretary. If you have access to copying facilities, it will be helpful if you provide sufficient copies for each committee member plus two for the staff. (Please note that public copying machines are not available at the Capitol, so copies should be made ahead of time.) However, do not let the fact that you have not prepared a written statement prevent you from testifying. 

VIRTUAL TESTIMONY: you can request to testify remotely or upload your testimony HERE. Testimony and supporting documentation MUST be submitted by 10 PM the day before the hearing begins. Testimony will be able to be submitted 4 days before the hearing is listed. All form fields are required unless otherwise noted. FAQ: Remote Testimony

HB 715 was introduced and referred to the House Human Services Committee on 2/21/2023.  This bill is sponsored by Representative Carlson with 35 cosponsors. 

This bill does the following:

Removes the authority of colleges impose vaccine requirements more stringent that state law allows.

Requires any communication from a school, including websites and social media postings, regarding vaccines required for school to include information about the exemptions including copies of, or links to, exemption forms prescribed or developed by the department.

Current law allows for religious exemptions to vaccines required for school if the parent files a notarized affidavit on a form prescribed by the department stating that immunization is contrary to the religious tenets and practices of the signer. This bill adds exemptions for reasons of conscience and removes the requirement that the affidavit be notarized.  

Removes the following existing section - A person who falsely claims a religious exemption is subject to the penalty for false swearing as provided in 45-7-202

If passed the new law would go into effect July 1, 2023.

http://laws.leg.mt.gov/legprd/LAW0210W$BSIV.ActionQuery?P_BILL_NO1=715&P_BLTP_BILL_TYP_CD=HB&Z_ACTION=Find&P_SESS=20231 - text, status and history for HB 715