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Ex. DUT-MT-029 Standing duty Primary source read

Mont. Code Ann. 50-2-116 (Powers and duties of local boards of health) (cross-reference to Ex. MT-073)

Powers and duties of local boards of health, including the 2021 limits of subsection (5) and the enforcement saving clause of subsection (7)

Montana Legislature (Mont. Code Ann. 50-2-116, as amended by Ch. 324 and Ch. 408, L. 2021 (HB 121, approved Apr. 16, 2021; HB 257, approved May 7, 2021)) · Montana (State)

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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
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 note

Subsection (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.