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Ex. DUT-MT-026 Standing duty Primary source read

Directive Implementing Executive Order 2-2021 (Jan. 13, 2021) (cross-reference to Ex. MT-020)

Directive of January 13, 2021: Public Gatherings; Businesses; Schools; General Masking Requirements

Governor Greg Gianforte · Montana (State)

The COVID Project

The record

Jurisdiction
Montana
Level
State
Authority
Mont. Code Ann. 10-3-104(2)(c), -305(2); Title 50, ch. 1; EO 2-2021
Issued
2021-01-13 Jan. 13, 2021
Effective
2021-01-15
End
2021-02-12 (rescinded and replaced by Ex. MT-021) (read as 2021-02-12)
In force
Jan. 15, 2021 to Feb. 12, 2021
Quarters
2021 Q1
Limitation types
Face-covering requirementWorkplace rulesOperating condition
Addressees
  • all businesses; employers; owners or persons in control of premises; persons generally (masks)
Character
order operating condition
Collection
Standing duties: Montana DUT-MT

Operative words

A statewide mask mandate remains in effect, as follows: 1. A face covering that covers the mouth and nose shall be worn at all times in indoor spaces open to the public. Face coverings shall be provided for all employees and volunteers.... businesses should make reasonable efforts to develop and implement appropriate policies based on industry best practices

Penalty

Public health order enforceable under Title 50 while the emergency continued (EO 2-2021, Ex. MT-019); the capacity, hours and gathering limits of Ex. MT-018 were removed effective Jan. 15, 2021

What it required

Two verbs, recorded exactly: the business-policy clause is 'should' (a recommendation, whose legal effect came from 50-71-201, 39-71-1504 and, from Feb. 10, 2021, 27-1-1606); the masking clause remained mandatory: 'A statewide mask mandate remains in effect, as follows: 1. A face covering that covers the mouth and nose shall be worn at all times in indoor spaces open to the public. Face coverings shall be provided for all employees and volunteers. All points of entry open to the public shall have a clearly visible sign posted', and 'Accommodation must be made' for persons entitled under disability law; public gatherings 'should be managed in a way that accommodates CDC social distancing guidelines'.

Retrieval note

Preamble: 'Individual responsibility remains Montana's best tool to combat the spread of COVID-19.'.