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  3. DUT-MT-021

Ex. DUT-MT-021 Standing duty Primary source read

Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential functions) (cross-reference to Ex. MT-009)

Stay at Home Directive, secs. 1, 2, 12 and II (operating conditions and enforcement clause)

Governor Steve Bullock · Montana (State)

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2020-04-26 (superseded by the Phase One Directive, Ex.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
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 note

Sec. 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.