The COVID Project
The record
- Jurisdiction
- Utah
- Level
- State
- Authority
- Police power of the State; Utah Code Title 26, Chapter 23
- Issued
- 2021-05-05 May 5, 2021
- Effective
- standing (read as 2021-05-05)
- End
- standing (this version superseded May 5, 2021; the May 5, 2021 version, read on the Legislature's site, keeps the class B and class A misdemeanor provision and lowers the civil penalty to $5,000 per violation for an association or corporation and $150 for an individual) (read as 2021-05-05)
- In force
- Standing since May 5, 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
- Standing duty
- Addressees
- persons generally; corporations and associations and their officers; employers and owners of premises as persons subject to the Department's and local departments' orders
- Character
- order penalty
- Collection
- Standing duties: Utah DUT-UT
Operative words
Any person, association, or corporation, or the officers of any of them, who violates any provision of this chapter or lawful orders of the department or a local health department in a criminal proceeding is guilty of a class B misdemeanor for the first violation, and for any subsequent similar violation within two years, is guilty of a class A misdemeanor
Penalty
Class B misdemeanor (first violation); class A misdemeanor (subsequent similar violation within two years); civil penalty up to $10,000 per violation in a judicial or administrative proceeding (subsection (2)); liability for abatement expenses (subsection (4)); each day a separate violation (subsection (5)); permit, license and certificate revocation and injunctive relief preserved (subsections (1)(b), (3))
What it required
Every person, association and corporation, and their officers, had to obey every lawful order of the Department of Health and of a local health department, on pain of a class B misdemeanor (class A on a second violation within two years), a civil or administrative penalty of up to $10,000 per violation, liability for the Department's abatement expenses, and 'each day of violation' counted as a separate violation.
Retrieval noteOfficial versioned PDF (header: 'Superseded 5/5/2021'; the version stamp 1800010118000101 is the Legislature's marker for text unchanged since codification). This is the offense provision that attached to every State Public Health Order in the library (Exs. UT-002, UT-003, UT-005, UT-010, UT-014, UT-019, UT-023, UT-025 to UT-027, UT-031 to UT-039, UT-042 to UT-044, UT-060) and to every local health department order (Exs. UT-054 to UT-056).