Montana Code 2-9-905. Affirmative defense — reasonable measures consistent with regulations, orders, and public health guidance
2-9-905. (Temporary) Affirmative defense — reasonable measures consistent with regulations, orders, and public health guidance. (1) In addition to all other defenses, a government entity may assert as an affirmative defense that the government entity took reasonable measures consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19 that was applicable to the government entity or activity at issue at the time of the alleged injury, death, or property damage.
Terms Used In Montana Code 2-9-905
- Government entity: means the state and political subdivisions, including but not limited to:
(a)political subdivisions as defined in 2-9-101(5);
(b)the legislature, legislative committees, and legislators acting in their official capacity; and
(c)employees of the state or a political subdivision. See Montana Code 2-9-901
- Person: means an individual, corporation, nonprofit corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, place of worship, personal representative, trustee, government entity, or any other legal or commercial entity. See Montana Code 2-9-901
- Property: means real and personal property. See Montana Code 1-1-205
- Public health guidance: includes guidance related to covid-19 issued by the following:
(a)the centers for disease control and prevention of the United States department of health and human services;
(b)the centers for medicare and medicaid services of the United States department of health and human services;
(c)the federal occupational safety and health administration;
(d)the office of the governor;
(e)a state agency, including the Montana department of public health and human services; or
(f)a local government, including a local government health department or local government board of health. See Montana Code 2-9-901
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Statute: A law passed by a legislature.
(2)If two or more sources of public health guidance are applicable, a government entity does not breach a duty of care if the person took reasonable measures consistent with one applicable set of public health guidance.
(3)If a government entity proves the affirmative defense contained in this section, the affirmative defense is a complete bar to any action relating to covid-19.
(4)This section may not be construed to impose liability on a government entity for failing to comply with a federal or state statute, regulation, order, or public health guidance related to covid-19. (Terminates December 31, 2031–sec. 12, Ch. 516, L. 2021.)