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Ex. DUT-MT-014 Standing duty Primary source read

Mont. Code Ann. 27-1-1606 (SB 65 sec. 6)

Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance

Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021 · Montana (State)

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The record

Jurisdiction
Montana
Level
State
Authority
Mont. Code Ann. Title 27, ch. 1, part 16
Issued
2021-02-10 Feb. 10, 2021
Effective
2021-02-10
End
Terminates January 1, 2031 (sec. 15, Ch. 2, L. 2021) (read as 2031-01-01)
In force
Feb. 10, 2021 to Jan. 1, 2031
Quarters
2021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • persons generally (every non-governmental entity); employers; owners or persons in control of premises
Character
liability shield condition
Collection
Standing duties: Montana DUT-MT

Operative words

a person may assert as an affirmative defense that the person took reasonable measures consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19 that was applicable to the person or activity at issue... (3) If a person proves the affirmative defense..., the affirmative defense is a complete bar to any action relating to covid-19.

Penalty

Condition of the complete bar: reasonable measures consistent with the applicable governmental order or public health guidance; absent the defense, exposure to suit under 27-1-1602's gross-negligence standard

What it required

The Legislature made 'reasonable measures consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19' the complete defense to every COVID-19 action, and by (2) provided that where two or more sources of guidance apply 'a person does not breach a duty of care if the person took reasonable measures consistent with one applicable set'; compliance with the governmental protocols is thus the statutory benchmark of the duty of care. Stated exactly: (4) provides that 'This section may not be construed to impose liability on a person for failing to comply with a federal or state statute, regulation, order, or public health guidance related to covid-19', so the statute rewards compliance with a complete bar without making noncompliance liability per se.

Retrieval note

27-1-1607 (read; not saved): a government order, regulation or public health guidance 'may not create and may not be construed to create a new cause of action against any person with respect to the matters contained in' it. The Montana structure differs from Texas SB 6 and Alaska HB 76, which condition immunity on compliance; Montana grants immunity absent gross negligence and makes compliance a complete bar. Drafters plead it as the Legislature's declaration that conduct consistent with governmental orders and guidance is the measure of reasonable care.