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Ex. DUT-MS-005 Standing duty Confirmed from a secondary source

Miss. Code Ann. § 33-15-11(b)(5), (b)(6), (b)(17) and (c)(1) (legislative reprint of 2021)

Emergency Management Law: Governor's powers to secure compliance with orders through law enforcement and the boards of health; proclamation of a state of emergency; suspension of regulatory statutes

Legislature of Mississippi (Mississippi Code of 1972, Title 33, ch. 15, Mississippi Emergency Management Law); Governor as the officer empowered · Mississippi (State)

The COVID Project

The record

Jurisdiction
Mississippi
Level
State
Authority
Miss. Code Ann. § 33-15-11 (powers of the Governor in emergencies), reprinted in Senate Bill 2190, 2021 Regular Session, § 2 (as introduced; died in committee Feb. 2, 2021)
Issued
2021-02-02 Feb. 2, 2021
Effective
standing (read as 2021-02-02)
End
standing (read as 2021-09-30)
In force
Standing since Feb. 2, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStanding dutyOther
Addressees
  • persons generally; all businesses and non-profit entities (as addressees of the orders made under the section); State and local law enforcement and boards of health
Character
statutory authority
Collection
Standing duties: Mississippi DUT-MS

Operative words

To take such action and give such directions to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this article and with the orders, rules and regulations made pursuant thereto.

What it required

The Governor directs State and local law enforcement to secure compliance with emergency orders ((b)(5)); directs 'the state or local boards of health' to secure compliance 'with the provisions of this article or with the findings or recommendations of such boards of health' ((b)(6)); proclaims a state of emergency in writing, effective on execution ((b)(17)); and may 'suspend the provisions of any regulatory statute... or the orders, rules or regulations of any state agency' ((c)(1)). Every general COVID-19 order recites (b)(5) and (b)(6) as its enforcement authority and (b)(17) as the basis of the March 14, 2020 Proclamation. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

15 pages. The bill's title identifies its proposed changes (a 45-day limit on proclamations, out-of-State medical licensees, a new § 41-39-17); the quoted paragraphs are existing text carried forward, with '* * *' marking only the removal of the old letter designations. Graded verified_secondary because the exhibit is a legislative print rather than the codified section; the FindLaw and Justia section pages have no archived capture.