The COVID Project
The record
- Jurisdiction
- Alabama
- Level
- State
- Authority
- Code of Alabama 1975, § 31-9-8 (Acts 1955, No. 47, § 8; Acts 2006-522, 2009-572, 2014-17)
- Effective
- standing (operative only during a proclaimed state of emergency: March 13, 2020 to 11:59 p.m. July 6, 2021, Exs. AL-001, AL-079; August 13 to October 31, 2021, Exs. AL-052, AL-053) (read as 2020-03-13)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Mar. 13, 2020 (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
- the Governor (power); persons generally as the objects of the measures
- Character
- statutory authority
- Collection
- Standing duties: Alabama DUT-AL
Operative words
(5) To perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population. (6) To employ such measures and give such directions to the state or local boards of health as may be reasonably necessary for the purpose of securing compliance with... the findings or recommendations of such boards of health
Penalty
What it required
During a proclaimed public health emergency the Governor 'shall have and may exercise' the additional powers to 'enforce all laws, rules, and regulations relating to emergency management' (a)(1), to do what is 'necessary to promote and secure the safety and protection of the civilian population' (a)(5), and to employ measures 'for the purpose of securing compliance with... the findings or recommendations of such boards of health' (a)(6); a state of emergency ends 60 days after proclamation unless extended (a). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteonecle mirror (page last modified May 3, 2021); the quoted subsections are confirmed verbatim by Case v. Ivey (Ex. DUT-AL-021, at 4-5), which quotes § 31-9-8(a)(1), (5), (6) and holds that the Governor's proclamations 'squarely fall within the framework of the AEMA.' Subsection (a)(6) is the textual bridge between the Governor's emergency power and the State Board of Health's 'findings or recommendations': it converts what the Board recommended into what the Governor could compel.