{"id":"DUT-MT-008","kind":"duty","level":"state","jurisdiction":"Montana","state":"MT","metro":"","industry":"","agency":"","eco":"","issuer":"Montana Legislature (Montana Code Annotated, Title 10, ch. 3)","authority":"Mont. Code Ann. Title 10 (Military Affairs and Disaster and Emergency Services), ch. 3 (Disaster and Emergency Services), part 1","instrument":"Mont. Code Ann. 10-3-104","title":"General authority of governor","dateIssued":"2026-09-28","effective":"standing; subsection (1)\u0027s \u0027force of law\u0027 sentence and subsections (4)-(5) were added in 2021 (Chs. 357 and 504, L. 2021); subsection (2)(a)-(c) is the text the 2020 Directives cited as 10-3-104(2)(a) and (2)(c)","end":"standing","startDate":"2026-09-28","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["EMER","DUTY","STAY","CLOSE","TRAV"],"addressees":["persons generally; owners or persons in control of premises; all businesses within the emergency area"],"clause":"These executive orders, proclamations, and regulations have the force of law.... (2)... the governor may:... (c) except as provided in subsection (4), control ingress and egress to and from an incident or emergency or disaster area, the movement of persons within the area, and the occupancy of premises within the area.","enforcement":"Title 10, ch. 3 carries no penalty section of its own; the Directives were enforced as public health orders under 50-1-103(2) (DUT-MT-004) with the penalties of Title 50 (DUT-MT-003, -007), and 10-3-305(2) commands that \u0027all officers and agencies shall cooperate with and extend their services and facilities to the governor\u0027 (read; not saved)","functions":[],"notes":"During the emergency declared by EO 2-2020 (Ex. MT-001) and re-declared by EO 2-2021 (Ex. MT-019), the Governor held statutory power over \u0027the movement of persons within the area, and the occupancy of premises within the area\u0027, the area being the whole State; the Stay at Home, closure, capacity and face-covering Directives recited 10-3-104(2)(c) as their source, and since 2021 the statute states in terms that the Governor\u0027s emergency orders \u0027have the force of law\u0027. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).","sourceUrl":"https://archive.legmt.gov/bills/mca/title_0100/chapter_0030/part_0010/section_0040/0100-0030-0010-0040.html","snapshot":"","fileExists":true,"fileBytes":89598,"grade":"primary","character":"statutory_authority","description":"","collection":"DUT-MT","url":"/library/DUT-MT-008","exhibitUrl":"/exhibit/DUT-MT-008","citation":"Montana Legislature (Montana Code Annotated, Title 10, ch. 3), Mont. Code Ann. 10-3-104 (standing) (Ex. DUT-MT-008)","stateName":"Montana","related":["MT-001","MT-019","MT-023","MT-024","MT-031","MT-022","DUT-MT-004","DUT-MT-003","DUT-MT-009"]}