The COVID Project
The record
- Jurisdiction
- Alabama
- Level
- State
- Authority
- Code of Alabama 1975, § 31-9-13 (Acts 1955, No. 47, p. 267, § 13)
- 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
- Emergency declarationStanding duty
- Addressees
- persons generally; all State and local laws and ordinances inconsistent with the order
- Character
- statutory authority
- Collection
- Standing duties: Alabama DUT-AL
Operative words
All orders, rules, and regulations promulgated by the Governor as authorized by this article shall have the full force and effect of law when a copy thereof is filed in the office of the Secretary of State. All existing laws, ordinances, rules, and regulations... inconsistent with... any order... shall be suspended... to the extent that such inconsistency exists.
Penalty
Ala. Code § 31-9-22 (Ex. DUT-AL-014); enforcement by 'the law-enforcing authorities of the state' under § 31-9-14 as recited in Ex. AL-026
What it required
Every Governor's order under the Act, including each State Health Officer order she promulgated from July 15, 2020 (Exs. AL-026, AL-029, AL-031, AL-033, AL-037, AL-039, AL-042, AL-044, AL-046, AL-048, AL-050), has 'the full force and effect of law' upon filing with the Secretary of State, and inconsistent laws and ordinances are suspended for its duration. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteonecle mirror (page last modified May 3, 2021); the section's operation is recited in every proclamation from Ex. AL-026 and in Munza v. Ivey (Ex. DUT-AL-020, at 5) and Case v. Ivey (Ex. DUT-AL-021, at 11). The Governor's July 15, 2020 proclamation explains the purpose: the Emergency Management Act 'allows the flexibility to undertake such rulemaking for as long as a declared state public health emergency is in effect,' beyond the 120-day emergency-rule period of the Administrative Procedure Act (as quoted in Ex. DUT-AL-020, at 4-5).