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Ex. DUT-GA-007 Standing duty Primary source read

O.C.G.A. section 38-3-51

Emergency powers of Governor; termination of emergency; limitations in energy emergency; immunity

General Assembly of Georgia (Georgia Emergency Management Act; Ga. L. 1951, p. 224, as amended through Ga. L. 2011, p. 701 (HB 339) and later) · Georgia (State)

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The record

Jurisdiction
Georgia
Level
State
Authority
Title 38, Chapter 3, Article 3, Part 1 (Emergency Powers of the Governor)
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 declarationStay-at-homeBusiness closureCapacity limitStanding duty
Addressees
  • persons generally; owners or persons in control of premises (occupancy control); the Department of Public Health (direction)
Character
statutory authority
Collection
Standing duties: Georgia DUT-GA

Operative words

(c) The Governor shall have and may exercise... the following additional emergency powers: (1) To enforce all laws, rules, and regulations relating to emergency management... (d)... he 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

Violation of any order made under the section is a misdemeanor (section 38-3-7, Ex. DUT-GA-006)

What it required

On a declaration of a state of emergency for a 'public health emergency' (subsection (a), which requires the Governor to call the General Assembly into special session; the Assembly concurred on March 16, 2020 by HR 4EX), the Governor may enforce all emergency-management laws, suspend regulatory statutes (d)(1), 'control... the movement of persons within the area, and the occupancy of premises therein' (d)(7), and 'direct the Department of Public Health to coordinate all matters pertaining to the response of the state to a public health emergency' (i)(1); subsection (i)(2) supplies due process for quarantine and vaccination programs. Every order in Exs. GA-001 to GA-046 was issued under this section, and every one bound its addressees under section 38-3-7 (Ex. DUT-GA-006). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Same volume PDF as Ex. DUT-GA-006; section 38-3-51 begins at PDF p. 568 (subsection (c) and (d) on the following pages; subsection (i) thereafter). The 2021 volume's Law Review note cites 'Shelter in Place: Executive Order by the Governor to Ensure a Safe & Healthy Georgia: Statewide Shelter in Place,' 37 Ga. St. U. L. Rev. 67 (2020). The Public Health State of Emergency ran from March 14, 2020 (Ex. GA-001) to 12:00 A.M. July 1, 2021 (Ex. GA-039), followed by the State of Emergency for Continued COVID-19 Economic Recovery (Ex. GA-041, renewed to October 28, 2021, Ex. GA-046).