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Ex. MT-009 Order 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)

Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential functions

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); 50-1-101, -103, -202, -203, -204; 10-3-103, -302, -305; Mont. Const. art. VI, secs. 4, 13
Issued
2020-03-26 Mar. 26, 2020
Effective
2020-03-28 12:01 a.m. (read as 2020-03-28)
End
2020-04-10 by its terms; extended through Apr. 24 (MT-012); extended 'for individuals until Sunday, April 26 and for non-essential businesses until Monday, April 27' by the Phase One Directive, which superseded it (MT-013) (read as 2020-04-10)
In force
Mar. 28, 2020 to Apr. 10, 2020
Quarters
2020 Q2
Limitation types
Stay-at-homeBusiness closureTelework mandateGathering capTravel and quarantineWorkplace rules
Addressees
  • all individuals living within the State
  • all businesses and operations
  • Essential Businesses and Operations
  • public transit riders
Functions reached
  • CB customer base under stay-home
  • SF sales floor / premises closed to the public
  • OF office (telework; Minimum Basic Operations only)
  • WF workforce (schools closed; stay-home)
  • GATH events (all gatherings prohibited)
  • TV travel limited to Essential Travel
  • PF production floor (non-essential manufacturing ceased)
  • SL salons, barbers, spas, tattoo (excluded from Health Care operations)
Collection
Montana MT

Operative words

1. Stay at home or place of residence. With exceptions as outlined below, all individuals currently living within the State of Montana are directed to stay at home or at their place of residence to the greatest extent possible, except as allowed in this Directive.... Non-essential social and recreational gatherings of individuals outside of a home or place of residence are prohibited, regardless of size, if a distance of at least six feet between individuals cannot be maintained. All persons may leave their homes or place of residence only for Essential Activities or to operate Essential Businesses and Operations... 2. Non-essential business and operations to cease. All businesses and operations in the State, except Essential Businesses and Operations as defined below, are required to cease all activities within the State except Minimum Basic Operations, as defined below. Businesses may also continue operations consisting exclusively of employees or contractors performing activities at their own residences (i.e., working from home). To the greatest extent feasible, Essential Businesses and Operations shall comply with Social Distancing Requirements... Essential Businesses and Operation should also employ, where feasible, telework or other remote working opportunities to limit disease spread. 3. Prohibited activities. All public and private gatherings of any number of people occurring outside a household or living unit are prohibited, except for the limited purposes permitted by this Directive.... 4. Prohibited and permitted travel. All travel should be limited to Essential Travel and travel for Essential Activities.

Enforcement

'II. Directive Is Public Health Order and Enforceable By County Attorney. This Directive, along with any prior Directive that implements and references the public health authorities of the Department of Public Health and Human Services (DPHHS) provided in Title 50, 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 under the direction of a county attorney.' 'IV. Less-Restrictive Local Ordinances Preempted... Counties may adopt more restrictive ordinances.'

Notes

Essential Businesses and Operations defined by reference to CISA's Mar. 19, 2020 memorandum plus 22 enumerated categories (grocery; food and agriculture; charitable; media; gas stations and auto repair; financial and real estate services; hardware; critical trades; mail and logistics; educational institutions for remote learning; laundry; restaurants for off-premises consumption only; supplies to work from home; supplies for Essential Businesses; transportation; home-based care; residential facilities; professional services (legal, accounting, insurance, IT, real estate, appraisal, title); manufacture, distribution and supply chain for critical products and industries; labor unions; hotels and motels for lodging and carry-out; funeral services); Minimum Basic Operations limited to maintaining inventory, plant, security, payroll and enabling remote work; Health Care and Public Health Operations 'does not include fitness and exercise gyms, spas, salons, barber shops, tattoo parlors, and similar facilities'

Retrieval note

Bundled row (verified_primary) confirmed against the text; the bundled 'golf' note is not carried.