{"id":"DUT-AR-005","kind":"duty","level":"state","jurisdiction":"Arkansas","state":"AR","metro":"","industry":"","agency":"","eco":"","issuer":"General Assembly of Arkansas (Acts 1973, No. 511, sec. 8; Arkansas Emergency Services Act of 1973)","authority":"Ark. Const.; Arkansas Emergency Services Act, Ark. Code Ann. 12-75-101 et seq.","instrument":"Ark. Code Ann. 12-75-114, Governor -- Disaster emergency responsibilities","title":"Ark. Code Ann. 12-75-114. Governor -- Disaster emergency responsibilities (executive orders, proclamations and regulations have the force and effect of law; powers to suspend regulatory statutes, commandeer property, compel evacuation, control ingress, egress, movement of persons and occupancy of premises, and limit alcohol sales)","dateIssued":"2021-03-19","effective":"standing (2020 Arkansas Code text)","end":"standing","startDate":"2021-03-19","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMER","CAP","TRAV","ALC"],"addressees":["persons generally; owners or persons in control of premises"],"clause":"Executive orders, proclamations, and regulations have the force and effect of law.... (e) In addition to any other powers conferred upon the Governor by law, the Governor may:... (7) Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein","enforcement":"None in the section; orders carry the force of law, and the paired directives of the Secretary of Health are punishable under 20-7-101 (recited in every order from EO 20-13)","functions":[],"notes":"Gives the Governor\u0027s disaster executive orders the force and effect of law and confers the emergency powers under which EO 20-10 declared the whole State a disaster area and controlled the occupancy of premises ((e)(7)) and under which EO 21-14 suspended licensure rules ((e)(1)); the Act has no general offense section, so the criminal sanction for the orders\u0027 limits ran through the Secretary of Health\u0027s directives and 20-7-101. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).","sourceUrl":"https://law.justia.com/codes/arkansas/2020/title-12/subtitle-5/chapter-75/subchapter-1/section-12-75-114/","snapshot":"","fileExists":true,"fileBytes":278103,"grade":"primary","character":"statutory_authority","description":"","collection":"DUT-AR","url":"/library/DUT-AR-005","exhibitUrl":"/exhibit/DUT-AR-005","citation":"General Assembly of Arkansas (Acts 1973, No. 511, sec. 8; Arkansas Emergency Services Act of 1973), Ark. Code Ann. 12-75-114, Governor -- Disaster emergency responsibilities (standing) (Ex. DUT-AR-005)","stateName":"Arkansas","related":["AR-002","AR-017"]}