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Ex. DUT-AR-005 Standing duty Primary source read

Ark. Code Ann. 12-75-114, Governor -- Disaster emergency responsibilities

Ark. Code Ann. 12-75-114. Governor -- Disaster emergency responsibilities (executive orders, proclamations and regulations have the force and effect of law; powers to suspend regulatory statutes, commandeer property, compel evacuation, control ingress, egress, movement of persons and occupancy of premises, and limit alcohol sales)

General Assembly of Arkansas (Acts 1973, No. 511, sec. 8; Arkansas Emergency Services Act of 1973) · Arkansas (State)

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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
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 note

2020 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).