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Ex. DUT-AL-011 Standing duty Primary source read

Ala. Code § 31-9-6(1)

Powers and duties of Governor with respect to emergency management

Legislature of Alabama (Alabama Emergency Management Act of 1955, Code of Alabama 1975, Title 31, chapter 9, article 1) · Alabama (State)

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The record

Jurisdiction
Alabama
Level
State
Authority
Code of Alabama 1975, § 31-9-6 (Acts 1955, No. 47, p. 267, § 6; Act 2011-546, § 1)
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
Emergency declarationStanding duty
Addressees
  • the Governor (power); persons generally as the addressees of the orders so promulgated
Character
statutory authority
Collection
Standing duties: Alabama DUT-AL

Operative words

In performing his or her duties under this article, the Governor is authorized and empowered: (1) To make, amend, and rescind the necessary orders, rules and regulations to carry out the provisions of this article within the limits of the authority conferred upon him or her in this article, with due consideration of the plans of the federal government.

Penalty

Ala. Code § 31-9-22 (Ex. DUT-AL-014)

What it required

The Governor's power to make orders, rules and regulations under the Emergency Management Act; every proclamation from July 15, 2020 recites this subsection with § 31-9-13 as the authority under which the State Health Officer's order is 'promulgate[d]... as an order, rule, or regulation under the applicable provisions of the Emergency Management Act' (Ex. AL-026 § I). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

onecle mirror (page last modified May 3, 2021), the official site and the Justia and FindLaw mirrors having refused fetching; the quoted words are confirmed verbatim by Case v. Ivey (Ex. DUT-AL-021, at 4-5), which quotes § 31-9-6(1), and by Munza v. Ivey (Ex. DUT-AL-020, at 5), which quotes the proclamation's recital of §§ 31-9-6(1) and 31-9-13.