The COVID Project
The record
- Jurisdiction
- Arkansas
- Level
- State
- Authority
- Ark. Const.; Arkansas Emergency Services Act, Ark. Code Ann. 12-75-101 et seq.
- Issued
- 2021-03-19 Mar. 19, 2021
- Effective
- standing (2020 Arkansas Code text) (read as 2021-03-19)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Mar. 19, 2021 (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 declarationCapacity limitTravel and quarantineAlcohol and barsStanding duty
- Addressees
- persons generally; owners or persons in control of premises
- Character
- statutory authority
- Collection
- Standing duties: Arkansas DUT-AR
Operative words
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
Penalty
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)
What it required
Gives the Governor's 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' limits ran through the Secretary of Health's directives and 20-7-101. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval note2020 Arkansas Code edition. 12-75-106 (duty of emergency-management offices to execute and enforce the Governor's orders) and the repeal of 12-75-127 were read in the Official Code of Arkansas Annotated, Release 78 (Nov. 6, 2020), UniCourt copy; no exhibit saved for them. Cited in EO 20-10 (Ex. AR-002) as 12-75-114(e)(7) and in EO 21-14 (Ex. AR-017) as 12-75-114(e)(1).