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Ex. DUT-ID-001 Standing duty Primary source read

Idaho Code section 56-1003(7) (text as in force March 2020 through June 30, 2021)

Powers and duties of the director: orders of isolation and quarantine; misdemeanor for violation

Idaho Legislature (Idaho Code tit. 56, ch. 10, Department of Health and Welfare) · Idaho (State)

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The COVID Project

The record

Jurisdiction
Idaho
Level
State
Authority
Idaho Const. art. III; enacted 2000 Idaho Sess. Laws ch. 132, sec. 38; last pre-pandemic amendment 2016 Idaho Sess. Laws ch. 97, sec. 1
Issued
2016-07-01 July 1, 2016
Effective
In this text from July 1, 2016; the text in force when the Order to Self-Isolate (Mar. 25, 2020) and every Stay Healthy Order recited it (read as 2016-07-01)
End
standing (amended effective July 1, 2021 by S1139, 2021 ch. 257, Ex. DUT-ID-002; the misdemeanor clause survives as subsection (7)(e)) (read as 2021-07-01)
In force
Standing since July 1, 2016 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Stay-at-homeBusiness closureGathering capQuarantine and isolationStanding duty
Addressees
  • persons generally (individuals and entities addressed by the orders, including every business with a facility in Idaho under Ex. ID-003 sec. 4)
Character
statutory authority
Collection
Standing duties: Idaho DUT-ID

Operative words

(7) The director, under rules adopted by the board of health and welfare, shall have the power to impose and enforce orders of isolation and quarantine to protect the public from the spread of infectious or communicable diseases or from contamination from chemical or biological agents... (c) Any person who violates an order of isolation or quarantine shall be guilty of a misdemeanor.

Penalty

Misdemeanor, Idaho Code § 56-1003(7)(c); punishment under Idaho Code § 18-113: county jail up to six months, fine up to $1,000, or both (Ex. DUT-ID-011)

What it required

Every person in Idaho to obey an order of isolation or quarantine imposed by the Director of Health and Welfare, on pain of a misdemeanor; the statutory basis recited in the statewide Order to Self-Isolate (Ex. ID-003 sec. 9 and penalty clause), the Stay Healthy Orders (Exs. ID-004 to ID-007, ID-009 to ID-011) and the Central District Health orders (Exs. ID-022 to ID-025). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Subsection (7)(a) (2020 text) provided that on judicial review the court 'shall affirm the order if it appears by a preponderance of the evidence that the order is reasonably necessary to protect the public from a substantial and immediate danger of the spread of an infectious or communicable disease'. The Order to Self-Isolate, the Stay Healthy Orders and the district orders all recited this subsection as their authority and its subsection (c) as their penalty.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.