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Ex. MET-STL-025 Order Primary source read

RSMo § 67.265 (House Bill 271, 2021)

Public health order for threat to public health by contagious disease, requirements, procedure

Missouri General Assembly; Governor Michael L. Parson (approval June 15, 2021) · Missouri (statute governing every political subdivision's health orders) (State)

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The record

Jurisdiction
Missouri (statute governing every political subdivision's health orders) · St. Louis · Missouri
Level
State
Authority
L. 2021 H.B. 271, enacting RSMo § 67.265
Issued
2021-06-15 June 15, 2021
Effective
2021-06-15 (revisor note: 'Effective - 15 Jun 2021') (read as 2021-06-15)
End
In force through Sept. 30, 2021 and beyond (read as 2021-09-30)
In force
June 15, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Other
Addressees
  • every political subdivision, health officer, local public health agency and political-subdivision executive issuing public health orders
Functions reached
  • preemption/limitation history of the St. Louis County and City orders of July-Sept. 2021
Collection
St. Louis MET-STL

Operative words

For purposes of this section, the term 'order' shall mean a public health order, ordinance, rule, or regulation issued by a political subdivision, including by a health officer, local public health agency, public health authority, or the political subdivision's executive... in response to an actual or perceived threat to public health for the purpose of preventing the spread of a contagious disease. Notwithstanding any other provision of law to the contrary: [during a state of emergency under chapter 44, an order that directly or indirectly closes, partially closes, or places restrictions on the opening of or access to businesses, churches, schools or other places of public or private gathering or assembly shall not remain in effect for longer than thirty calendar days in a one-hundred-eighty-day period unless extended by a simple majority vote of the governing body, each extension not to exceed thirty days; absent a state of emergency, twenty-one calendar days unless extended by a two-thirds majority; the governing body may terminate an order by a simple majority vote].

Enforcement

Limits the duration of local orders; governing body may terminate; no penalty clause

Notes

The statute the County Council invoked on July 27, 2021 to terminate the County face-covering order and that the Circuit Court applied in State ex rel. Schmitt v. Page (TRO Aug. 3, 2021; preliminary injunction Aug. 20, 2021). The City's Orders Nos. 2 and 3 (2021) were made effective 'upon approval of the local governing board' to comply with it. saved here because it governs the metro's Q3 2021 orders.

Retrieval note

Bracketed text paraphrases subsections 2-5 as read on the revisor page; the exhibit carries the full statutory text.