The States

Montana

Name: Montana: governmental orders, March 2020 through September 2021
Creator: The COVID Project

The Montana file holds 87 instruments from the State's governor, health authorities, courts and agencies, 75 of them with the exhibit file held by The COVID Project. 122 records in the Library resolve to Montana in all, counting its metros, the agency clusters and the standing duties.

Code MTFirst closure or stay-at-home order Mar. 16, 2020 Ex. MT-043End of general restrictions Feb. 12, 2021Orders reaching 2021 Q3 9Primary source read 71 Confirmed from a secondary source 16

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The record in brief

Montana's regime ran through three authorities in sequence: Governor Bullock's Executive Orders 2-2020 (Mar. 12, 2020) and 3-2020 (Mar. 13, 2020) and the chain of Directives implementing them (Mar. 15, 2020 to Nov. 17, 2020); Governor Gianforte's Executive Order 2-2021 (Jan. 13, 2021), which rescinded the Bullock orders, re-declared the emergency, and carried two Directives (Jan. 13 and Feb. 12, 2021) until Executive Order 10-2021 lifted the emergency on June 30, 2021; and, throughout, the county and city-county health officers and boards of health acting under Mont. Code Ann. 50-2-116 and 50-2-118, whose orders in Gallatin, Yellowstone, Missoula, Cascade and Lewis and Clark Counties preceded the State's closures in March 2020 and outlasted the State's limits into May 2021. Every Bullock Directive that implemented Title 50 authority declares itself a public health order within the meaning of Mont. Code Ann. 50-1-103(2), enforceable by the Attorney General, DPHHS or a county attorney, and preempts inconsistent local ordinances only to the extent they are less restrictive; counties were expressly permitted to adopt more restrictive rules, and they did. 2020 Q2 (with the March 13-31 run-up): the Mar. 20 Directive closed every restaurant dining room, bar, tavern, brewery, distillery, tasting room, casino, gym, pool, theater, nightclub, bowling alley and bingo hall to the public from 8 p.m. Mar. 20; the Mar. 24 Directive extended those closures through Apr. 10, prohibited gatherings of more than ten where six feet could not be kept, and ordered every other retail business to enforce six-foot distancing; the Mar. 26 Stay at Home Directive (effective 12:01 a.m. Mar. 28) directed all individuals to stay at home, required all non-essential businesses to cease all activities except Minimum Basic Operations and work from home, prohibited all public and private gatherings of any number outside a household, and limited all travel to Essential Travel; the Mar. 30 Directives imposed a 14-day quarantine on every person arriving from another State or country for a non-work purpose and prohibited residential evictions, foreclosures and utility disconnections; the Apr. 7 Directive extended all of them through Apr. 24; and the Apr. 22 Phase One Directive lifted the stay-home order for individuals on Apr. 26 and for businesses on Apr. 27, reopened restaurants, bars and casinos on May 4 at 50 percent capacity, six to a table and an 11:30 p.m. close, kept gyms, pools and places of assembly closed (to May 15 under the May 8 Directive), kept senior living visitation prohibited, kept the traveler quarantine through the end of the emergency, and set a ten-person gathering guideline. The Montana Supreme Court's Mar. 27, 2020 Order suspended civil and criminal jury trials and non-emergency in-person proceedings statewide through Apr. 10, extended to May 4. Phase Two (Directive of May 19, effective June 1) raised the gathering cap to 50, capacity to 75 percent, and ended the traveler quarantine. 2020 Q3: Phase Two governed all quarter; the July 15 Directive made face coverings mandatory in every indoor space open to the public and at organized outdoor activities of 50 or more in counties with four or more active cases, the Aug. 12 Directive extended it to all K-12 schools, and the nursing-home and assisted-living visitation Directives (June 25, July 13) governed long-term care; Missoula (July 9) and Gallatin (July 2020) adopted county mask rules; Yellowstone County ordered senior-care visitor restrictions (July 3) and school-activity safeguards (Aug. 18). 2020 Q4 was the re-tightening: Yellowstone County's Oct. 12 and Oct. 14 orders (effective Oct. 14) capped all gatherings at 25 regardless of distancing and closed bars, restaurants and casinos at 12:30 a.m.; Cascade County's Board of Health order (effective Nov. 1) set 50 percent capacity and a 50-person cap; the Governor's Nov. 17 Directive (effective 5 a.m. Nov. 20) cut restaurants, bars, breweries, distilleries and casinos to 50 percent capacity, six to a table and a 10 p.m. close, capped public gatherings at 25 where distancing was not possible, and made the mask mandate statewide regardless of case count; Yellowstone (Nov. 19, effective Nov. 20) and Cascade (Nov. 20) mirrored and expanded it, and the Chief Justice's Dec. 21 memorandum ordered masks in every courtroom. 2021 Q1: the Nov. 17 regime ran to Jan. 15, 2021, when Governor Gianforte's Jan. 13 Directive (effective 5 a.m. Jan. 15) removed the capacity, hours and gathering limits while keeping the statewide mask mandate; the Feb. 12 Directive let the mask mandate expire, declared the phased reopening no longer in force, continued the eviction and foreclosure prohibition in the manner of the CDC order, and kept the health-care, motor-carrier, telehealth and corrections measures in force to the end of the emergency; Missoula, Gallatin, Cascade and Lewis and Clark Counties kept mask rules, capacity or hours limits and gathering caps under their own authority. 2021 Q2: the Legislature intervened: HB 121 (signed Apr. 16, 2021; Mont. Code Ann. 50-2-116(4)) subjected local health orders to the elected governing body, HB 257 (signed May 7, 2021; 50-2-116(5)) barred local rules that compel a business to deny customers access, and HB 702 (signed May 7, 2021; 49-2-312) made vaccination status a protected class and barred vaccination requirements by employers, governmental entities and public accommodations; Missoula rescinded its mask mandate May 10, Gallatin lifted its face-covering rule May 14, the Chief Justice made courtroom masks optional May 17, and Executive Order 10-2021 rescinded the state of emergency on June 30, 2021. 2021 Q3: no gubernatorial directive was in force; what was in force were the statutes of the 2021 session (HB 702's bar on vaccination requirements, in force on every employer in the State all quarter; HB 121 and HB 257's constraints on local orders), DPHHS's Temporary Emergency Rule I (MAR Notice 37-960, Aug. 31, 2021) directing school districts that impose mask mandates to provide parental opt-outs, DPHHS's July 28, 2021 letter to licensed facilities on HB 702 and the CMS vaccination rules, the school-board mask requirements of Missoula, Bozeman, Helena, Billings and Whitefish for the 2021-22 year, the isolation and quarantine measures local health officers administer under 50-2-118(4), the Banking Commissioner's July 12, 2021 rescission of the branch-closure Proclamation, and the federal layer.

The six quarters

What the record shows in force in Montana on the first day and the last day of each quarter. Every exhibit named here opens its record. The orders of March 13 to 31, 2020 belong to the second quarter of 2020, because wages paid after March 12, 2020 fall in that quarter.

Quarter	First day	Last day
2020 Q2Second quarter of 2020The quarter nationally →	State of emergency (MT-001, MT-002). Stay at Home Directive in force statewide (MT-009: all individuals directed to stay home; all non-essential businesses to cease except Minimum Basic Operations and work from home; all gatherings of any number outside a household prohibited; travel limited to Essential Travel) through Apr. 10, extended Apr. 7 through Apr. 24 (MT-012). On-premises closures of restaurants, bars, gyms, theaters, casinos (MT-005, MT-007) through Apr. 10, extended to Apr. 24 (MT-012) and, for bars and restaurants, to May 4 (MT-013). Schools closed (MT-003, MT-007, MT-012). 14-day traveler quarantine (MT-010). Eviction, foreclosure and utility-disconnection prohibition (MT-011). Nursing-home visitation suspended (MT-003). Supreme Court Order suspending jury trials and non-emergency in-person proceedings through Apr. 10 (MT-056), extended to May 4 (MT-057). Gallatin EHR-2020-001 closures through Apr. 17 (MT-063); Gallatin HO-2020-002 quarantine and isolation (MT-064, Apr. 7). Yellowstone County closures (MT-043, MT-044). Blackfeet Nation stay-at-home, non-essential traffic shutdown, vacation-rental closure and Glacier east-entrance closure (MT-086).	State of emergency (MT-001, MT-002). Phase Two Directive (MT-014, eff. June 1): gatherings of more than 50 to be avoided where distancing is not possible and groups larger than 50 'should be cancelled unless physical distancing can be maintained'; restaurants, bars, breweries, distilleries, casinos, gyms, pools at 75 percent capacity; places of assembly at reduced capacity; vulnerable individuals to continue stay-at-home guidance; Phase One Appendix A protocols continue except as modified (MT-013, MT-033). Senior and assisted-living visitation restricted (MT-034, June 25). Traveler quarantine ended June 1 (MT-014). Telehealth, licensing, congregate-care and carrier directives to the end of the emergency (MT-023, MT-024, MT-031, MT-032). Supreme Court Phase Two court practices (MT-059). Gallatin EHR-2020-003 Phase One rule (MT-068, 90-day term from May 1). Blackfeet east-entrance closure for the 2020 season (June 25; MT-086).
2020 Q3Third quarter of 2020The quarter nationally →	As of June 30, 2020, plus Yellowstone County Health Officer Order of July 3 restricting visitors to senior care facilities (MT-045) from that date; Gallatin Phase One rule (MT-068); Blackfeet stay-at-home and closures (MT-086).	State of emergency (MT-001, MT-002). Phase Two capacity and 50-person gathering rules (MT-014; Sept. 4 clarification exempting school and youth activities, MT-038). Face coverings mandatory in every indoor space open to the public and at organized outdoor activities of 50 or more in counties with four or more active cases (MT-016, July 15), extended to all K-12 schools (MT-017, Aug. 12; classroom allowance MT-037, Aug. 27). Nursing home and assisted living visitation conditions (MT-034, MT-035). Missoula County mask rule (MT-079, July 9) and Gallatin County face-covering rule (MT-076). Yellowstone County Sept. 3 order requiring each school to maintain a COVID plan (MT-047). Eviction protections for vulnerable sheltering individuals (MT-014). Blackfeet stay-at-home order (MT-086).
2020 Q4Fourth quarter of 2020The quarter nationally →	As of Sept. 30, 2020.	State of emergency (MT-001, MT-002). Nov. 17 Directive (MT-018, eff. 5 a.m. Nov. 20): restaurants, bars, breweries, distilleries and casinos at 50 percent capacity, six per table, closed 10 p.m. to 4 a.m.; public gatherings limited to 25 where distancing is not possible or observed; face coverings required statewide regardless of case count. Yellowstone County Nov. 19 order (MT-052, eff. Nov. 20 through Dec. 31, amended Dec. 10, MT-053): all gatherings capped at 25 regardless of distancing; all places of assembly including retail, bars, churches, restaurants, casinos, gyms, salons and bowling alleys closed 10 p.m. to 4 a.m.; congregate care order of Oct. 26 continued (MT-074). Cascade County Health Officer order of Nov. 20 (MT-084): 25/50 gathering cap, 50 percent capacity, 10 p.m. close, masks. Missoula County 50 percent capacity, eight per table, 10 p.m. close and mask rule (MT-080, MT-079). Gallatin face-covering rule and Phase Two rule (MT-076, MT-077). Supreme Court Dec. 21 protocols: masks required in all courtrooms and shared court spaces; remote hearings; six-foot distancing (MT-060). School mask directive (MT-017). Blackfeet orders (MT-086).
2021 Q1First quarter of 2021The quarter nationally →	As of Dec. 31, 2020 (Yellowstone's Nov. 19 order expired by its terms Dec. 31, 2020; the Dec. 10 amended order continued to Jan. 7, 2021, MT-053, MT-054).	Executive Order 2-2021 state of emergency (MT-019). Feb. 12, 2021 Directive (MT-021): mask mandate expired; phased reopening no longer in force; businesses 'should make reasonable efforts' on masking, distancing, screening, testing, sanitation and teleworking; evictions and foreclosures for non-payment prohibited in the manner of the CDC and HHS orders; DOC visitation restrictions and 14-day intake quarantine; health-care licensing, telehealth, congregate-care and motor-carrier suspensions. Jan. 14, 2021 Directive continuing non-conflicting Bullock directives and regulations (MT-039). Missoula County mask mandate and 50/100 event caps (MT-081). Gallatin County face-covering rule (extended Jan. 20 to Apr. 20, 2021) and Phase Two rule (10 p.m. close; 50 percent capacity) (MT-076, MT-077). Cascade County order as loosened Jan. 22, 2021 (75 percent; 12:30 a.m. close; 25/50 gatherings; masks) (MT-084). Supreme Court Dec. 21 protocols (MT-060). Banking Commissioner's Jan. 15, 2021 Proclamation permitting branch closures (recited in MT-041). SB 65 liability conditions (MT-087).
2021 Q2Second quarter of 2021The quarter nationally →	As of Mar. 31, 2021.	Executive Order 10-2021 rescinded Executive Order 2-2021 and lifted the state of emergency 'effective immediately' on June 30, 2021 (MT-022); the Feb. 12, 2021 Directive expired with it (MT-021). In force on June 30: HB 702 / Mont. Code Ann. 49-2-312 (from May 7, 2021; MT-072); Mont. Code Ann. 50-2-116(4)-(9) as amended by HB 121 (Apr. 16, 2021) and HB 257 (May 7, 2021) (MT-073); SB 65 (MT-087); local isolation and quarantine measures under 50-2-118(4); Supreme Court protocols as revised May 17, 2021 (masks optional locally; remote hearings continue) (MT-061); the Banking Commissioner's Proclamation until July 12, 2021 (MT-041); Gallatin's Board face-covering rule nominally to May 27, 2021 and unenforced from May 14 (MT-076). Not in force on June 30: every gubernatorial directive; every county capacity, hours, gathering or mask order (Missoula rescinded May 10, MT-082; Gallatin lifted May 14, MT-076; Yellowstone rescinded Jan. 7, MT-054).
2021 Q3Third quarter of 2021The quarter nationally →	No gubernatorial order or directive. In force: Mont. Code Ann. 49-2-312 (HB 702) barring vaccination requirements by employers, governmental entities and public accommodations and barring any requirement to receive an EUA vaccine (MT-072); 50-2-116(4)-(9) (HB 121, HB 257) (MT-073); SB 65 (MT-087); local health officers' isolation and quarantine measures under 50-2-118(4); Banking Commissioner's Proclamation to July 12 (MT-041); Supreme Court May 17, 2021 protocols (MT-061); federal layer.	As of July 1 plus: DPHHS Temporary Emergency Rule I, MAR Notice 37-960 (adopted Aug. 31, 2021; effective on adoption; emergency rules run up to 120 days under Mont. Code Ann. 2-4-303) directing school districts that impose mask mandates to demonstrate consideration of parental concerns and to provide opt-outs (MT-042); DPHHS July 28, 2021 letter to licensed nursing homes, long-term care and assisted living facilities on HB 702 and the CMS vaccination rules (MT-071); DLI Human Rights Bureau HB 702 guidance (July 28, 2021; secondary); school-board mask requirements in Missoula County Public Schools, Bozeman, Helena, Billings and Whitefish for the 2021-22 year (MT-088). Not in force: Executive Order 2-2021 (rescinded June 30, 2021), every Bullock and Gianforte Directive, the statewide mask mandate (ended Feb. 12, 2021), capacity, hours and gathering limits (ended Jan. 15, 2021), the traveler quarantine (ended June 1, 2020), the stay-home order (ended Apr. 26-27, 2020), all county health officer orders on businesses (Yellowstone Jan. 7, 2021; Missoula May 10, 2021; Gallatin May 14, 2021; Cascade and Lewis and Clark by May 2021), courtroom mask requirement (ended May 17, 2021).

The end of general restrictions

The day the general business restrictions ended in Montana, the instrument that ended them, and what the record shows still in force afterward. The end of the general orders is not the end of the record: sector rules, standing duties and the federal layer continue past it.

End of general restrictions

Feb. 12, 2021

2021-02-12 (business capacity, hours and gathering limits ended 2021-01-15; mask mandate ended 2021-02-12)

Instrument Directive Implementing Executive Order 2-2021 (Gov. Gianforte, Jan. 13, 2021; effective 5:00 a.m. Jan. 15, 2021) removed the capacity, hours-of-service and gathering-size limits of the Nov. 17, 2020 Directive and retained only the statewide mask mandate (Ex. MT-020); the Directive Implementing Executive Order 2-2021 of Feb. 12, 2021 (effective immediately) rescinded and replaced all prior directives, let the statewide mask mandate expire ('Montanans are encouraged to wear masks'), and declared that 'The phased approach to reopening Montana is no longer in force' (Ex. MT-021).

What remained in force

Executive Order 2-2021's state of emergency to June 30, 2021 (Ex. MT-019, MT-022); the Feb. 12, 2021 Directive's continuing measures to the end of the emergency: businesses 'should make reasonable efforts to develop and implement appropriate policies' on masking, distancing, screening, testing and isolation, sanitation and teleworking; evictions and foreclosures for non-payment 'prohibited in the same manner as established by CDC and... HHS temporary orders'; the Department of Corrections' visitation restrictions and 14-day intake quarantine; health-care licensing, telehealth, congregate-care and motor-carrier suspensions (Ex. MT-021); the Jan. 14, 2021 Directive continuing every Bullock-era directive and regulation not in conflict with the Jan. 13 Directive (Ex. MT-039); county and city-county health rules: Missoula's mask mandate and event caps (to May 10, 2021), Gallatin's face-covering rule (to May 14, 2021; Board rule nominally to May 27), Gallatin's Phase Two rule (10 p.m. close, 50 percent capacity, amended Apr. 2021), Cascade County's Nov. 20, 2020 order as loosened Jan. 22, 2021 (75 percent, 12:30 a.m. close, 25/50 gathering cap, masks) and Lewis and Clark County's rules (to May 2021); the Supreme Court's Dec. 21, 2020 protocols (courtroom masks; remote hearings) to May 17, 2021 (Ex. MT-060, MT-061); the Banking Commissioner's Jan. 15, 2021 Proclamation permitting branch closures (rescinded July 12, 2021, Ex. MT-041); nursing-home and assisted-living visitation conditions under the CMS rules; the federal layer.

Preemption of local orders

The Bullock Directives preempted local orders only downward: each recites that 'all inconsistent emergency county health ordinances are preempted by this Directive, but only to the extent they are less restrictive. Counties may adopt more restrictive ordinances' (Ex. MT-005, MT-007, MT-009, MT-010, MT-012, MT-014, MT-016, MT-017, MT-018); the Apr. 22 and May 19 reopening Directives add that 'nothing in this Directive prohibits local public health authorities from adopting more restrictive approaches based on local need' and that the phases may be implemented 'on a statewide, tribal, or county-by-county basis' (Ex. MT-013, MT-014). Governor Gianforte's Directives of Jan. 13, Jan. 14 and Feb. 12, 2021 carry the same less-restrictive-only preemption clause (Ex. MT-020, MT-021, MT-039), so Gallatin, Missoula, Cascade and Lewis and Clark Counties lawfully kept mask, capacity, hours and gathering rules after the State's ended. The Legislature then constrained local authority by statute: HB 121 (signed Apr. 16, 2021) added Mont. Code Ann. 50-2-116(4), under which a local board's emergency directive 'remains in effect only during the declared state of emergency or disaster or until the governing body holds a public meeting and allows public comment and the majority of the governing body moves to amend, rescind, or otherwise change the directive'; HB 257 (signed May 7, 2021, after an amendatory veto) added 50-2-116(5), under which a jurisdiction-wide local regulation or order 'may not: (a) compel a private business to deny a customer of the private business access to the premises or access to goods or services; (b) deny a customer of a private business the ability to access goods or services provided by the private business; or (c) include... the assessment of a fee or fine... revocation of a license... [or] a misdemeanor' for noncompliance, with 50-2-116(7) preserving enforcement of 'all lawfully adopted regulations, directives, and orders' (Ex. MT-073); HB 702 (signed May 7, 2021) added 49-2-312, which forbids any person, governmental entity, employer or public accommodation to condition services, employment or access on vaccination status, and 50-2-116(8) forbids a local board to require vaccination (Ex. MT-072, MT-073). The State never barred local mask or gathering orders as such before those statutes; after them, the county rules of 2020-21 were rescinded (Missoula May 10, Gallatin May 14, 2021) and no county reimposed a general order in Q3 2021.

Third quarter of 2021

July 1 through September 30, 2021, the last claimable quarter: the instruments the record shows in force in Montana. An order in force on any day of the quarter is an order in force during it. The quarter nationally →

In force (9)

MT-072 Mont. Code Ann. 49-2-312 (HB 702, signed May 7, 2021; effective on passage): vaccination-status discrimination prohibited; no person may be required to receive an EUA vaccine; in force on every employer and public accommodation July 1 - Sept. 30, 2021
MT-073 Mont. Code Ann. 50-2-116(4)-(9) (HB 121, Apr. 16, 2021; HB 257, May 7, 2021): governing-body control of local emergency health orders; local rules may not compel a business to deny customer access; local boards may not require vaccination
MT-042 DPHHS Temporary Emergency Rule I, MAR Notice 37-960 (Aug. 31, 2021): school mask-mandate opt-outs; up to 120 days under Mont. Code Ann. 2-4-303
MT-071 DPHHS letter to providers on HB 702 Section 2 exemption and CMS interim final rules (July 28, 2021)
MT-088 School-board mask requirements for 2021-22 in Missoula County Public Schools, Bozeman, Helena, Billings and Whitefish (Aug.-Sept. 2021; secondary)
MT-087 SB 65 (Feb. 10, 2021) COVID-19 liability conditions for businesses, health care providers, nonprofits and places of worship following public health guidance (secondary)
MT-041 Banking Commissioner's Proclamation of Jan. 15, 2021 permitting state-chartered banks and credit unions to close any office (in force July 1 - July 12, 2021; rescinded July 12, 2021)
MT-061 Montana Supreme Court Chief Justice memorandum of May 17, 2021: remote and telephonic hearings continue; masks at local judicial discretion; jury-trial planning with local public health
Federal layer: CDC conveyance mask order and TSA security directives; OSHA Healthcare ETS, 29 C.F.R. 1910.502 (from June 21, 2021); CDC eviction moratorium to Aug. 26, 2021; CMS long-term care rules cited in MT-071

Sector chronology

How the orders reached each kind of business in Montana, sector by sector, in the order the record gives. Open a sector to read its chronology; every exhibit named opens its record.

Restaurants and bars

Closed to on-premises service 8 p.m. Mar. 20, 2020 (MT-005; Gallatin 9 p.m. Mar. 16, MT-062; Yellowstone 4 p.m. Mar. 16, MT-043; Missoula Mar. 17, MT-078), takeout, delivery and alcohol delivery permitted; closure extended through Apr. 10 (MT-007), Apr. 24 (MT-012) and May 4 (MT-013); reopened May 4 at 50 percent capacity, six per table, 11:30 p.m. close (MT-013 App. A); 75 percent from June 1 (MT-014); Yellowstone 12:30 a.m. close and 25-person cap from Oct. 14 (MT-048); Cascade 50 percent from Nov. 1 (MT-083); statewide 50 percent, six per table, 10 p.m. close from Nov. 20, 2020 (MT-018), mirrored in Yellowstone (MT-052), Cascade (MT-084), Missoula (MT-080); State limits removed Jan. 15, 2021 (MT-020); Missoula 2 a.m. close and eight per table from Jan. 22, 2021 (MT-080), capacity limits removed Feb. 18 (MT-081); Gallatin 10 p.m. close and 50 percent to spring 2021 (MT-077); Cascade 75 percent and 12:30 a.m. from Jan. 22, 2021 (MT-084).

Retail

Non-essential retail ordered to cease all activities except Minimum Basic Operations Mar. 28 - Apr. 27, 2020 (MT-009, MT-013); DPHHS legal memoranda held craft and hobby stores (Apr. 7) and vape and tobacco shops (Apr. 9) non-essential (MT-029, MT-030); all retail required to enforce six-foot distancing from Mar. 28 (MT-007); reopened Apr. 27 'with reduced capacity and where strict physical distancing protocols can be maintained' (MT-013); masks required in all indoor spaces open to the public from July 15, 2020 (counties with four or more cases) and statewide from Nov. 20 (MT-016, MT-018) to Feb. 12, 2021 (MT-021); Yellowstone 50 percent capacity and 10 p.m. close for 'retail venues' Nov. 20 - Dec. 31, 2020 (MT-052).

Personal care

Salons, barber shops, spas and tattoo parlors excluded from Health Care operations and closed as non-essential Mar. 28 - Apr. 27, 2020 (MT-009 para. 6, MT-013); reopened Apr. 27 under Phase One Appendix A protocols (MT-013); mask rules from July 15, 2020 (MT-016); Yellowstone 'hair and nail salons' 10 p.m. close Nov. 20 - Dec. 31, 2020 (MT-052).

Fitness and entertainment

Gyms, pools, hot springs, climbing gyms, theaters, nightclubs, concert halls, bowling alleys, bingo halls and casinos closed 8 p.m. Mar. 20, 2020 (MT-005, MT-007; Gallatin Mar. 18 EHR-2020-001, MT-075); casinos reopened May 4 with bars (MT-013); gyms, pools at gyms, theaters and museums permitted May 15 at reduced capacity (MT-033); hotel pools May 5 at 50 percent bather load (MT-033); 75 percent from June 1; concert halls and bowling alleys at reduced capacity from June 1 (MT-014); 25-person gathering cap Nov. 20, 2020 - Jan. 15, 2021 (MT-018); Yellowstone 10 p.m. close and ban on multi-team sports events and group performances Nov. 20 - Dec. 31, 2020 (MT-052).

Hotels and short-term rentals

Hotels and motels permitted 'to the extent used for lodging and delivery or carry-out food services' Mar. 28 - Apr. 27, 2020 (MT-009 para. 11(u)); Department of Commerce directed to have hotels and short-term rental listings (Airbnb, VRBO, HomeAway) give notice of the mandatory 14-day traveler quarantine Mar. 30 - June 1, 2020 (MT-010, MT-014); hotel pools reopened May 5 at 50 percent bather load, registered guests only (MT-033); licensure late fees waived (MT-037, MT-021); Blackfeet Nation vacation-rental closure and Glacier east-entrance closure for the 2020 season (MT-086).

Offices and telework

Stay at Home Directive: non-essential businesses 'required to cease all activities within the State except Minimum Basic Operations'; 'Businesses may also continue operations consisting exclusively of employees or contractors performing activities at their own residences (i.e., working from home)'; Essential Businesses 'should also employ, where feasible, telework or other remote working opportunities' (MT-009 para. 2, 13); Phase One: employers should 'Continue to encourage telework whenever possible and feasible with business operations', close common areas, minimize non-essential business travel (MT-013); Phase Two: 'Employers should continue to permit telework as much as possible and where feasible' (MT-014); Jan. 13 and Feb. 12, 2021 Directives list teleworking among the policies businesses 'should' implement (MT-020, MT-021); local government office hours and deadlines suspended and tolled Mar. 24, 2020 - June 30, 2021 (MT-008, MT-021).

Manufacturing

Manufacturing permitted only for 'essential products and services in and for industries such as pharmaceutical, technology, biotechnology, Health Care, chemicals and sanitization, waste pickup and disposal, agriculture, food and beverage, transportation, energy, steel and steel products, petroleum and fuel, forest products, mining, construction, national defense, communications, as well as products used by other Essential Businesses and Operations' Mar. 28 - Apr. 27, 2020 (MT-009 para. 11(s)); all businesses subject to Social Distancing Requirements (MT-009 para. 12) and Phase One and Two employer protocols (MT-013, MT-014); commercial-carrier hours-of-service and weight relief Mar. 27, 2020 - June 30, 2021 (MT-024, MT-021).

Construction

Construction designated Essential Infrastructure and building trades Critical Trades under the Stay at Home Directive, subject to Social Distancing Requirements (MT-009 para. 8, 11(h), 12); local government permitting and land-use deadlines tolled from Mar. 12, 2020 (MT-008) and again to June 30, 2021 (MT-021); mask rules in indoor public spaces July 15, 2020 - Feb. 12, 2021 (MT-016).

Real estate

Realtors, appraisers, title companies and real estate services designated Essential Businesses (MT-009 para. 11(f), 11(r)); residential evictions, foreclosures, trustee's sales and utility disconnections prohibited Mar. 30 - Apr. 24, 2020 (MT-011, MT-012), extended to May 24 with continuing protection for vulnerable sheltering individuals (MT-013, MT-014); Feb. 12, 2021 Directive prohibited evictions and foreclosures for non-payment 'in the same manner as' the CDC and HHS orders to June 30, 2021 (MT-021); Supreme Court guidance on eviction cases May 22, 2020 (MT-059); Banking Commissioner directed to engage lenders on foreclosure relief (MT-011).

Hospitals and long-term care

Nursing-home visitation suspended Mar. 15, 2020 with CMS QSO-20-14-NH adopted as State policy (MT-003); procurement and patient-transfer waivers Mar. 23 (MT-006); senior and assisted living visitation prohibited through Phase One (MT-013), reopened with conditions June 25 and July 13, 2020 (MT-034, MT-035); Yellowstone visitor restriction July 3 (MT-045) and congregate care order Oct. 26, 2020 (MT-074) to Jan. 7, 2021; congregate-care staffing and background-check waivers May 7, 2020 - June 30, 2021 (MT-032, MT-021); HB 702 exemption for nursing homes, long-term care and assisted living when CMS or CDC rules require otherwise; DPHHS July 28, 2021 letter on that exemption (MT-071, MT-072).

Dental and elective health care

Dental offices designated Health Care and Public Health Operations and permitted to operate under the Stay at Home Directive (MT-009 para. 6); no gubernatorial elective-procedure prohibition was located; telehealth expanded and coverage parity ordered Mar. 20, 2020 to June 30, 2021 (MT-023, MT-021); health-care licensing suspensions Apr. 21, 2020 - June 30, 2021 (MT-031, MT-021); HB 702 barred vaccination requirements on health-care employers from May 7, 2021, with a facility accommodation clause (MT-072).

Schools

All non-residential public schools closed Mar. 16 through Mar. 27, 2020 (MT-003), extended through Apr. 10 (MT-007) and Apr. 24 (MT-012), then through May 6 with local option to reopen May 7 (MT-013); offsite-learning residency suspension July 31, 2020 (MT-036); masks required in all K-12 schools in counties with four or more cases Aug. 12, 2020 (MT-017), statewide Nov. 20 (MT-018), to Feb. 12, 2021 (MT-021); Yellowstone school-activity order Aug. 18 - Sept. 3, 2020 (MT-046, MT-047); 2021-22: DPHHS emergency rule on parental opt-outs Aug. 31, 2021 (MT-042); district mask requirements in Missoula, Bozeman, Helena, Billings, Whitefish (MT-088).

Child care

Child care designated an Essential Business Apr. 1, 2020 with operating requirements including a 24-person cap per facility (MT-025); cap lifted June 1, 2020 (MT-014); parents directed to avoid placing children with caregivers over 60 (MT-003, MT-007); DPHHS child-care rules and the vaccination exception for day-care facilities in 49-2-312(2) (MT-072).

Worship and gatherings

All gatherings of any number outside a household prohibited Mar. 28 - Apr. 26, 2020 (MT-009 para. 3); gatherings over ten prohibited where six feet cannot be kept from Mar. 24 (MT-007); places of worship reopened Apr. 26 'with reduced capacity' and a ten-person guideline (MT-013); 50-person guideline from June 1 (MT-014; school and youth exemption Sept. 4, MT-038); masks at organized outdoor activities of 50 or more from July 15 (MT-016); Yellowstone 25-person cap regardless of distancing from Oct. 14, worship at 50 percent capacity (MT-048); statewide 25-person cap Nov. 20, 2020 - Jan. 15, 2021 (MT-018); Cascade 25/50 caps Nov. 20, 2020 - spring 2021 (MT-084); Missoula 25 then 50 indoor/100 outdoor to May 2021 (MT-081); Mont. Code Ann. 50-2-116(4)(b) (Apr. 16, 2021) bars local orders limiting attendance at places of worship (MT-073).

Courts and public offices

Supreme Court Order Mar. 27, 2020: civil and criminal jury trials suspended, non-emergency civil matters continued, emergency matters by telephone or video, through Apr. 10 (MT-056), extended to May 4 (MT-057); Apr. 27 protocols: remote hearings, six feet, no more than 14 people where distancing is not possible (MT-058); May 22 Phase Two practices (MT-059); Dec. 21, 2020: masks in all courtrooms, remote hearings, distancing, jury-trial conditions (MT-060); May 17, 2021: masks optional locally (MT-061); local government office hours and statutory deadlines suspended and tolled Mar. 24, 2020 - June 30, 2021 (MT-008, MT-021); MVD renewals moved online and by mail Apr. 2, 2020 (MT-028); DOC visitation and transfers suspended Apr. 1, 2020 - June 30, 2021 (MT-026, MT-021).

Travel and quarantine

Travel limited to Essential Travel Mar. 28 - Apr. 26, 2020 (MT-009 para. 4, 14); 14-day self-quarantine for every person arriving from another State or country for a non-work purpose, National Guard screening at airports and rail stations, Mar. 30, 2020 (MT-010) through Apr. 24 (MT-012) and 'through the end of the emergency' (MT-013) until lifted June 1, 2020 (MT-014); Phase One: 'Minimize non-essential travel' (MT-013); Blackfeet Nation non-essential traffic shutdown and travel restrictions 2020 (MT-086).

Face coverings

Face coverings required in indoor spaces open to the public and at organized outdoor activities of 50 or more in counties with four or more active cases from July 15, 2020 (MT-016); all K-12 schools Aug. 12 (MT-017); statewide regardless of case count Nov. 20, 2020 (MT-018); retained by the Jan. 13, 2021 Directive (MT-020); expired Feb. 12, 2021 (MT-021). County rules: Missoula July 9, 2020 - May 10, 2021 (MT-079, MT-082); Gallatin July 2020 - May 14, 2021 (MT-076); Cascade Nov. 20, 2020 - spring 2021 (MT-084); courtrooms Dec. 21, 2020 - May 17, 2021 (MT-060, MT-061); school districts Aug. 2021 onward (MT-088) subject to DPHHS opt-out rule (MT-042).

Vaccination mandates

None issued by the State or any county; Mont. Code Ann. 49-2-312 (HB 702, May 7, 2021) made it an unlawful discriminatory practice for an employer, governmental entity or public accommodation to condition employment, services or access on vaccination status and provided that an individual 'may not be required to receive any vaccine whose use is allowed under an emergency use authorization', with an exemption for licensed nursing homes, long-term care and assisted living facilities when CMS or CDC rules require otherwise (MT-072); 50-2-116(8) bars local boards from requiring vaccination (MT-073); DPHHS July 28, 2021 letter construes the exemption against CMS's May 2021 interim final rules (MT-071).

Standing duties

The statutes, codes and penalty provisions of Montana that stood before March 2020 and ran through every claimable quarter. They are the reason nothing an employer did under the orders was voluntary. Read the Montana duties →

Montana's compulsion ran on four standing tracks, none written for COVID-19 and none dependent on the life of a Directive. First, the public health code. The Department of Public Health and Human Services 'shall' 'make inspections for conditions of public health importance and issue written orders for correction, destruction, or removal of the condition' and 'identify, assess, prevent, and mitigate conditions of public health importance through... isolation and quarantine measures... abatement of public health nuisances... inspections' (Mont. Code Ann. 50-1-202(1)(a), (d); DUT-MT-001); it may inspect 'theaters... and other buildings or facilities where persons assemble' and 'direct that conditions be corrected' (50-1-203; DUT-MT-002); it may 'adopt and enforce quarantine or isolation measures to prevent the spread of communicable disease' (50-1-204; DUT-MT-003); and it and every county attorney may 'abate, restrain, or prosecute the violation of public health laws' and 'enjoin any violation of the public health laws, rules, or orders' (50-1-103; DUT-MT-004). Every Directive of 2020 recited that it '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' (Ex. MT-009 sec. II; MT-013; MT-016 sec. 5; MT-018), and the State's own FAQ told the public 'This is a public health order that can be legally enforced at local or state levels' and 'Directive is mandatory, not optional' (DUT-MT-020). The local track is stronger still: local health officers 'shall... take steps to limit contact between people in order to protect the public health from imminent threats, including but not limited to ordering the closure of buildings or facilities where people congregate and canceling events' (50-2-118(1)(b); DUT-MT-005), may 'cause the order to be complied with' at the violator's expense (50-2-123; DUT-MT-006), and a person who violates chapter 2 or the Department's rules under it 'is guilty of a misdemeanor' punishable by up to $500 and 90 days, 'Each day of violation constitut[ing] a separate offense' (50-2-124(2)-(3); DUT-MT-007). The Gallatin City-County Board of Health enforced its 10 p.m. closure rule against a Bozeman bar by a preliminary injunction of December 18, 2020, which stood until the Attorney General ordered the action dismissed on January 14, 2021 (DUT-MT-018). Second, the Disaster and Emergency Services Act, under which 'disaster' includes an 'outbreak of disease' (10-3-103(4); DUT-MT-009) and the Governor may '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' (10-3-104(2)(c); DUT-MT-008), the provision every Directive recited. Third, the workplace-safety duty of every employer: 'Each employer shall: (1) furnish a place of employment that is safe for each of the employer's employees; (2)... purchase, furnish, and require the use of health and safety devices... including but not limited to air masks...; (3) adopt and use practices, means, methods, operations, and processes that are reasonably adequate to render the place of employment safe; and (4) do any other thing reasonably necessary to protect the life, health, and safety of the employer's employees' (50-71-201; DUT-MT-010), with the premises owner's duty to 'repair and maintain the same as to render it safe' (50-71-202; DUT-MT-011) and the Safety Culture Act's command that 'each public or private employer shall establish and administer a safety program' (39-71-1504(1)(a); DUT-MT-012). Montana has no State OSHA plan for private employers (50-71-115 confines the Department of Labor and Industry's standards to public sector employers), so the federal general duty clause, 29 U.S.C. 654(a)(1), supplied the enforcement layer for private workplaces while the State statute supplied the duty. Fourth, the Legislature's COVID-19 liability statute of February 10, 2021 (SB 65, Ch. 2, L. 2021; Mont. Code Ann. 27-1-1601 to -1608): a person is not liable for COVID-19 exposure absent gross negligence, willful and wanton misconduct or intentional tort (27-1-1602; DUT-MT-013), and a person who '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 person or activity at issue' has 'a complete bar to any action relating to covid-19' (27-1-1606(1), (3); DUT-MT-014), 'public health guidance' being defined to include the guidance of the CDC, CMS, federal OSHA, the Governor, DPHHS and local boards of health (27-1-1601(7); DUT-MT-015). The statute adds, and this record states it exactly, that the section 'may not be construed to impose liability on a person for failing to comply' (27-1-1606(4)) and that a person 'is not required to ensure face masks are being used' or to conduct temperature checks over a refusal 'to meet the standard of care' (27-1-1608; DUT-MT-016): the Legislature made compliance with governmental orders and guidance the complete defense, which is the legal benchmark of reasonable conduct, without making noncompliance liability per se. The food code independently barred any person with a communicable disease from working in a retail food establishment (50-50-105; DUT-MT-017), on pain of misdemeanor, civil penalty and license cancellation (50-50-108, -109, -209). The Directives' own operating conditions used 'shall', 'must' and 'required' for closure, distancing, capacity, screening, sanitation and face coverings (DUT-MT-021 to -025, -028) and 'should' for employer policies and CDC sanitation protocols (DUT-MT-022, -023); from January 15, 2021 the Gianforte Directives used 'should' for business policies while keeping the mask 'shall' to February 12, 2021 (DUT-MT-026, -027). The Montana Supreme Court in 2023 affirmed judgment for school districts whose 2021-22 mask policies rested on 'recommendations of reputable public and private health care providers and agencies, including the CDC' (DUT-MT-019). From May 7, 2021 the Legislature itself commanded employers' COVID-19 conduct by forbidding any condition of employment or service based on vaccination status (49-2-312; Ex. MT-072) and preserved local enforcement 'by private businesses with all lawfully adopted regulations, directives, and orders' (50-2-116(7); Ex. MT-073). Each instrument is a governmental command or a governmental condition, not an election by the employer.

The question these duties answer

Whether the measures employers took beyond the four corners of the Governor's Directives and the county health officers' orders were voluntary within Notice 2021-20 Q&A-14, or were the discharge of standing duties imposed by Montana law.

By character

7 Order operating condition
5 Statutory duty
3 Liability shield condition
3 Order penalty
3 Workplace duty
2 Guidance incorporated
2 Statutory authority
1 Adjudication
1 Agency position statement
1 Enforcement record
1 Recommendation only
1 Sanitary code duty
1 Statutory framework

Exhibits

Ex. DUT-MT-001 Ex. DUT-MT-002 Ex. DUT-MT-003 Ex. DUT-MT-004 Ex. DUT-MT-005 Ex. DUT-MT-006 Ex. DUT-MT-007 Ex. DUT-MT-008 Ex. DUT-MT-009 Ex. DUT-MT-010 Ex. DUT-MT-011 Ex. DUT-MT-012 Ex. DUT-MT-013 Ex. DUT-MT-014 Ex. DUT-MT-015 Ex. DUT-MT-016 Ex. DUT-MT-017 Ex. DUT-MT-018 Ex. DUT-MT-019 Ex. DUT-MT-020 Ex. DUT-MT-021 Ex. DUT-MT-022 Ex. DUT-MT-023 Ex. DUT-MT-024 Ex. DUT-MT-025 Ex. DUT-MT-026 Ex. DUT-MT-027 Ex. DUT-MT-028 Ex. DUT-MT-029 Ex. DUT-MT-030 Ex. DUT-MT-031

The Montana duties, read in full 31 duty records in the Library →

On the calendar

Every dated instrument in the Montana file across the nineteen months from March 2020 through September 2021, in the order it took effect. A bar takes the color of the instrument's first limitation type and runs from its effective month through its end month; a fading edge marks an instrument whose end the record does not date. Point at a bar for its dates; open the bar for the record.

Emergency declaration 8Stay-at-home 3Business closure 19Telework mandate 5Capacity limit 20Gathering cap 33Face-covering requirement 24Travel and quarantine 5Schools and child care 14Health care orders 18Curfew and hours 13Alcohol and bars 15Events and venues 11Courts and public offices 13Workplace rules 21Vaccination or testing 3Quarantine and isolation 5Supply chain 5Other 14

Instrument

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2021 Q1

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2021 Q3

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Ex. MT-001 Executive Order No. 2-2020Governor Steve Bullock · Mar. 12, 2020

Executive Order No. 2-2020

Ex. MT-002 Executive Order No. 3-2020Governor Steve Bullock · Mar. 13, 2020

Executive Order No. 3-2020

Ex. MT-085 County COVID-19 emergency declaration of March 13, 2020 (rescinded…Lewis and Clark County Commissioners; Lewis and… · Mar. 13, 2020

County COVID-19 emergency…

Ex. MT-003 Directive Implementing Executive Orders 2-2020 and 3-2020 (school…Governor Steve Bullock · Mar. 15, 2020