The COVID Project
The record
- Jurisdiction
- Alabama
- Level
- State
- Authority
- Code of Alabama 1975, § 22-2-2 (State Board of Health authority and jurisdiction) and § 22-2-8 (State Health Officer)
- Effective
- standing
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureWorkplace rulesQuarantine and isolationStanding duty
- Addressees
- persons generally; owners or persons in control of premises (every establishment listed in § 22-2-2(4)); the State Board of Health and State Health Officer as the duty-bearers who must act
- Character
- statutory authority
- Collection
- Standing duties: Alabama DUT-AL
Operative words
To adopt and promulgate rules and regulations providing proper methods and details for administering the health and quarantine laws of the state, which rules and regulations shall have the force and effect of law and shall be executed and enforced by the same courts, bodies, officials, agents and employees as in the case of health laws
Penalty
Ala. Code § 22-2-14 (Ex. DUT-AL-002): misdemeanor, $25 to $500, each day a separate offense
What it required
Every rule of the State Board of Health for administering the health and quarantine laws has the force and effect of law; the Board inspects 'industrial and manufacturing establishments, offices, stores, banks, club houses, hotels' and every other place of like character and requires insanitary conditions 'corrected or abated' (§ 22-2-2(4)); when the Board's committee is not in session the State Health Officer 'shall act for said committee' and 'shall... take prompt measures to prevent' invading disease (§ 22-2-8). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteThe exhibit is the Alabama Department of Public Health's official compilation 'Public Health Laws of Alabama' (Title 22 in full, 969 pages, 'Laws current through 2019 Legislative Session'), which is the text in force on March 13, 2020; neither section was amended in 2020 or 2021. Every State Health Officer order in the library recites § 22-2-2(4) as its authority (Exs. AL-005, AL-006, AL-011, AL-013, AL-017, AL-027, AL-049). Case v. Ivey (Ex. DUT-AL-021, at 4-5) quotes § 22-2-2(6) and § 22-2-8 as the source of the State Health Officer's power to issue the COVID-19 orders. each gives its section's page.