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  3. DUT-GA-018

Ex. DUT-GA-018 Standing duty Confirmed from a secondary source

ACCG, State Laws Impacting Georgia Counties during the 2020 Public Health Emergency (Mar. 16, 2020; updated Mar. 17, 2020)

State Laws Impacting Georgia Counties during the 2020 Public Health Emergency

Association County Commissioners of Georgia (ACCG), the statewide association of Georgia's 159 county governments · Georgia (State)

The COVID Project

The record

Jurisdiction
Georgia
Level
State
Authority
Describes O.C.G.A. sections 38-3-51, 38-3-26 to 38-3-28, 38-3-54, 38-3-58 and Ga. Comp. R. & Regs. r. 511-9-1-.02 to -.05 (secondary source)
Issued
2020-03-17 Mar. 17, 2020
Effective
2020-03-17 (contemporaneous legal summary) (read as 2020-03-17)
In force
Mar. 17, 2020 to June 30, 2020
Quarters
2020 Q2
Limitation types
Business closureTravel and quarantineQuarantine and isolationStanding duty
Addressees
  • county governments (addressees); persons generally and owners or persons in control of premises (subjects of the powers described)
Character
secondary source
Collection
Standing duties: Georgia DUT-GA

Operative words

Social distancing is the limiting or preventing of the spread of a disease, such as COVID-19, through measures, such as exclusion policies, isolation, quarantine, curfew, partial or complete closures of private or public facilities, and restricting movement, including the closing of borders. Social distancing measures may be taken voluntarily or pursuant to an administrative or judicial order.

Penalty

Not applicable (secondary description); the underlying penalties are sections 31-5-8 and 38-3-7 (Exs. DUT-GA-004, DUT-GA-006)

What it required

On March 17, 2020, three days into the Public Health State of Emergency, Georgia's county governments were advised in writing that the Department of Public Health and the Governor held statutory and regulatory power to impose social distancing by 'exclusion policies, isolation, quarantine, curfew, partial or complete closures of private or public facilities, and restricting movement,' to restrict travel into or within the State, to isolate and quarantine by administrative order 'effective upon issuance,' to 'Close, Evacuate or Decontaminate' any facility 'reasonably suspected to pose a danger to public health,' and to require vaccination, examination and treatment, with citations to Rule 511-9-1-.03 and section 38-3-51(i). Character as recorded: secondary_source (association summary of statutes).

Retrieval note

A secondary source, graded accordingly: the county association's counsel describing the statutes and rules at the outset of the emergency. Pins: State declaration and HR 4EX at p. 1; authority of the State over counties at p. 3; social-distancing definition and closures at pp. 4-5 (footnotes 35-37 to Rule 511-9-1-.02(13)); Restrict Travel, Impose Isolation and Impose Quarantine at p. 5; Close, Evacuate or Decontaminate (Rule 511-9-1-.03(2)(g) and -.04(d)) and Require Vaccination at p. 6. Its value is corroborative: it shows the same rule numbers, subsections and powers as the current Rule 511-9-1 text (Ex. DUT-GA-005) were in force and understood on March 17, 2020.