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Ex. DUT-AL-004 Standing duty Primary source read

Ala. Code ch. 22-12 (Quarantine)

Quarantine: enforcement by the State, counties and municipalities; State authority paramount; proclamation of quarantine by the Governor or the State Board of Health; investigations; local enforcement; quarantine of persons from infected places; arrests without warrants

Legislature of Alabama (Code of Alabama 1975, Title 22, chapter 12) · Alabama (State)

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The record

Jurisdiction
Alabama
Level
State
Authority
Code of Alabama 1975, §§ 22-12-1, 22-12-2, 22-12-4, 22-12-6, 22-12-13, 22-12-18, 22-12-26
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
Limitation types
Business closureTravel and quarantineQuarantine and isolationStanding duty
Addressees
  • persons generally; owners or persons in control of premises within a quarantined place; counties and municipalities as enforcing authorities
Character
statutory duty
Collection
Standing duties: Alabama DUT-AL

Operative words

The Governor, whenever he deems it necessary, or the State Board of Health, shall proclaim quarantine, and when proclaimed, said Board of Health shall enforce such quarantine under such regulations as may, from time to time, be prescribed. [§ 22-12-26:] Any legal quarantine officer or guard may, without warrant, arrest a person who attempts to violate a quarantine regulation

Penalty

§ 22-12-18: fine of not less than $100 for traveling before discharge; § 22-12-26: arrest without warrant and detention; § 22-2-14 for violation of the Board's quarantine regulations

What it required

Quarantine proclaimed by the Governor or the State Board of Health binds every person and place within its terms; 'the quarantine authority of the state shall be paramount to that of any county, city or town' (§ 22-12-2); the State Health Officer 'may go into any place in this state' to determine the necessity for quarantine and quarantine 'may be established, pending such investigation' (§ 22-12-6); a person coming from an infected place 'may be compelled to perform quarantine' and is fined for traveling before discharge (§ 22-12-18); attempted violation permits arrest without warrant (§ 22-12-26).

Retrieval note

§ 22-12-2 is the statutory basis of the preemption clauses in the State Health Officer's orders (Ex. AL-013 ¶ 17; Ex. AL-027 ¶ 21). The chapter supplies the compulsory character of every quarantine directive of the period; the health officers' powers under it were exercisable by the State Health Officer as the Board's agent (§ 22-12-3).