The COVID Project
The record
- Jurisdiction
- Montana
- Level
- State
- Authority
- Mont. Code Ann. Title 50, ch. 2, part 1
- Issued
- 2021-04-16 Apr. 16, 2021
- Effective
- standing; subsections (5)-(9) from the 2021 approval dates (read as 2021-04-16)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Apr. 16, 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 closureQuarantine and isolationStanding dutyOperating condition
- Addressees
- persons generally; employers; owners or persons in control of premises; private businesses (expressly, in (5), (7) and (9))
- Character
- statutory duty
- Collection
- Standing duties: Montana DUT-MT
Operative words
(7) The prohibitions provided for in subsection (5) do not restrict a local board of health from exercising its authority under this section to enforce and ensure compliance by private businesses with all lawfully adopted regulations, directives, and orders.
Penalty
50-2-123 (compliance orders) and 50-2-124 (misdemeanor; civil penalties) (DUT-MT-006, -007), subject to the 2021 limits of (5)(c)
What it required
Local boards hold the standing charge to 'identify, assess, prevent, and ameliorate conditions of public health importance through... isolation and quarantine measures... abatement of public health nuisances... inspections' ((1)(c)); from April-May 2021 subsection (5) bars a local regulation or order that would 'compel a private business to deny a customer... access to the premises or access to goods or services' or punish a business for not doing so, while subsection (7) preserves the boards' authority 'to enforce and ensure compliance by private businesses with all lawfully adopted regulations, directives, and orders', so that the local layer remained a source of binding conditions on businesses through 2021 Q3.
Retrieval noteSubsection (8) bars a local board from requiring 'any type of vaccination, medication'. The pre-2021 text of 50-2-116 (under which the 2020 county orders issued) was not re-read in this run.