The COVID Project
The record
- Jurisdiction
- Mississippi
- Level
- State
- Authority
- Miss. Code Ann. § 41-3-15 (State Department of Health; State Board of Health powers and duties), as reenacted and amended by House Bill 160, 2021 Regular Session (approved Mar. 25, 2021; effective on passage)
- Issued
- 2021-03-25 Mar. 25, 2021
- Effective
- standing (read as 2021-03-25)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Mar. 25, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureWorkplace rulesQuarantine and isolationStanding duty
- Addressees
- persons generally; employers (conditions of employment); owners or persons in control of premises and food establishments; the State Board of Health and State Department of Health as the authorities bound to act
- Character
- statutory authority
- Collection
- Standing duties: Mississippi DUT-MS
Operative words
(c) To direct and control sanitary and quarantine measures for dealing with all diseases within the state possible to suppress same and prevent their spread.... The State Department of Health is authorized and empowered, to require the temporary detainment of individuals for disease control purposes based upon violation of any order of the State Health Officer, as provided in Section 41-23-5.
Penalty
Temporary detainment and arrest for violating a State Health Officer order (§ 41-3-15(12)); felony under § 41-23-2 for an afflicted person's knowing and willful violation (Ex. DUT-MS-008); permit suspension for food establishments (§ 41-3-15(4)(f))
What it required
The Board directs and controls sanitary and quarantine measures for every disease in the State, investigates 'conditions of employment and other conditions that may affect health' (§ 41-3-15(4)(a)), investigates 'nuisance questions that affect the security of life and health' (4)(b), permits and 'exercise[s] control over' every cafe, restaurant and food or drink establishment (4)(f), and the Department detains persons who violate a State Health Officer order, its investigators 'shall have general arrest powers' and 'All law enforcement officers are authorized and directed to assist in the enforcement of such orders of the State Health Officer' (12). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval note88 pages; the enrolled bill 'As Sent to Governor' reenacts §§ 41-3-1.1, 41-3-3, 41-3-4, 41-3-5.1, 41-3-6, 41-3-15, 41-3-16, 41-3-17, 41-3-18 and 41-3-19 in full and extends their repealers; the Legislature's Report of All Measures records '03/25 Approved by Governor'. The same § 41-3-15 text appears in S.B. 2311 (2020) (Ex. DUT-MS-003), so the quoted powers stood unchanged from before March 2020 through September 2021.