The COVID Project
The record
- Jurisdiction
- Utah
- Level
- State
- Authority
- Police power of the State; Utah Code Title 26 (Utah Health Code)
- Issued
- 2019-05-14 May 14, 2019
- Effective
- 2019-05-14
- End
- standing (this version superseded May 5, 2021; the May 5, 2021 version, read on the Legislature's site, carries subsections (10) to (12) unchanged and adds the opening words 'Subject to the restrictions in this title') (read as 2021-05-05)
- In force
- Standing since May 14, 2019 (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 closureGathering capQuarantine and isolationStanding duty
- Addressees
- persons generally; owners or persons in control of premises (physical control over property); public places and gatherings; the Department as ordering authority
- Character
- statutory authority
- Collection
- Standing duties: Utah DUT-UT
Operative words
(10) establish, maintain, and enforce isolation and quarantine, and for this purpose only, exercise physical control over property and individuals as the department finds necessary for the protection of the public health; (11) close theaters, schools, and other public places and forbid gatherings of people when necessary to protect the public health; (12) abate nuisances when necessary...
Penalty
Violation of a lawful order of the Department is a class B misdemeanor (class A on a subsequent violation within two years) and carries a civil penalty of up to $10,000 per violation, each day a separate violation (Utah Code section 26-23-6, Ex. DUT-UT-003)
What it required
The Department of Health 'shall exercise' the powers to enforce isolation and quarantine with physical control over property and individuals, to close public places and forbid gatherings, to abate sources of infectious disease, and to 'establish, maintain, and enforce rules necessary or desirable... to prevent disease and illness' (subsection (4)), the powers every State Public Health Order in the library recites as its authority. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteOfficial versioned PDF of the Utah Legislature (header: 'Effective 5/14/2019 Superseded 5/5/2021'). Recited as authority in Exs. UT-002, UT-005, UT-010, UT-026, UT-031, UT-032, UT-042 ('Utah Code 26-1-10, 26-1-30, and 26-6-3'); UPHO 2020-18 and 2020-25 recite that 'Utah Code 26-1-30(3) requires and authorize[s]' the Department to 'promote and protect the health and wellness of the people within the state' and that '26-1-30(5) and 26-6-3 require and authorize the Department to' investigate and control communicable disease.