The COVID Project
The record
- Jurisdiction
- Montana
- Level
- State
- Authority
- Mont. Code Ann. 10-3-104(2)(a), (2)(c); 50-1-103, -202, -203, -204; EOs 2-2020 and 3-2020
- Issued
- 2020-03-26 Mar. 26, 2020
- Effective
- 2020-03-28 12:01 a.m. (read as 2020-03-28)
- End
- 2020-04-26 (superseded by the Phase One Directive, Ex. MT-013; extended through Apr. 24 by Ex. MT-012) (read as 2020-04-26)
- In force
- Mar. 28, 2020 to Apr. 26, 2020
- Quarters
- 2020 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Stay-at-homeBusiness closureGathering capTravel and quarantineWorkplace rulesOperating condition
- Addressees
- all businesses; employers; persons generally
- Character
- order operating condition
- Collection
- Standing duties: Montana DUT-MT
Operative words
All businesses and operations in the State, except Essential Businesses and Operations..., are required to cease all activities within the State except Minimum Basic Operations... Essential Businesses and Operations shall comply with Social Distancing Requirements... Essential Businesses and Operations... must take proactive measures to ensure compliance with Social Distancing Requirements
Penalty
Public health order under 50-1-103(2) (DUT-MT-004); injunction and prosecution; local ordinances preempted 'only to the extent they are less restrictive'
What it required
Continued operation of an essential business was conditional: it 'shall comply' with Social Distancing Requirements and 'must take proactive measures' including six-foot designation by signage or tape, sanitizer 'readily available for employees and customers', separate hours for vulnerable customers and online posting of hours; the Directive 'constitutes a "public health... order" within the meaning of § 50-1-103(2), MCA, and is enforceable by the Attorney General, DPHHS, a county attorney, or other local authorities'; verbs: 'required', 'shall', 'must'.
Retrieval noteSec. 15 (Intent): people leaving home 'should at all times and as much as reasonably possible comply with Social Distancing Requirements' ('should' for individuals outside the business clauses). The essential list incorporates CISA's 'Guidance on the Essential Critical Infrastructure Workforce' by reference.