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  3. DUT-GA-003

Ex. DUT-GA-003 Standing duty Primary source read

O.C.G.A. section 31-2A-4

Obligation to safeguard and promote health of people of the state

General Assembly of Georgia (Title 31, Chapter 2A, Department of Public Health; enacted 2011 on the creation of the Department, carrying forward Code 1933, section 88-108) · Georgia (State)

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The record

Jurisdiction
Georgia
Level
State
Authority
Police power of the State; Title 31, Chapter 2A
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 closureQuarantine and isolationStanding duty
Addressees
  • the Department of Public Health (duty and powers); persons generally (subjects of the measures)
Character
statutory authority
Collection
Standing duties: Georgia DUT-GA

Operative words

The Department of Public Health shall safeguard and promote the health of the people of this state and is empowered to employ all legal means appropriate to that end.... [T]he department is empowered to:... (2) Forestall and correct physical, chemical, and biological conditions that, if left to run their course, could be injurious to health;...

Penalty

Misdemeanor under O.C.G.A. section 31-5-8; injunction under section 31-5-9 (Ex. DUT-GA-004)

What it required

The Department is under a statutory obligation ('shall safeguard and promote') and holds 'all legal means appropriate to that end,' including paragraph (4): to 'isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppression of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man.' Every Governor's order in the library recites this section beside section 38-3-51 (e.g., Ex. GA-010 recites 38-3-51(c)(4), (d)(1); 31-2A-4; 31-12-4; 38-3-7). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Same volume PDF as Ex. DUT-GA-001; section text at PDF p. 69.