Whether or not you agree with the government’s response to the coronavirus, the measures taken by world, national, state and local leaders to try to contain or limit the outbreak of the virus have been extraordinary.
For posterity’s sake, we’re running a set of Gov. Brian Kemp’s orders.
The first, issued March 14, declared a “Public Health State of Emergency” and allowed the state to free up resources to respond to the emergency.
The second, issued that same day, authorized the governor to call up the National Guard.
The third, issued March 16, closed all of Georgia’s public schools.
We’ve removed some of the “whereases,” but otherwise left the language of the orders as they were issued.
THE STATE OF GEORGIA
EXECUTIVE ORDER
BY THE GOVERNOR:
DECLARATION OF PUBLIC HEALTH STATE OF EMERGENCY
WHEREAS:
In late 2019, a new and significant outbreak of respiratory disease caused by a novel coronavirus emerged in Wuhan, China; and
The respiratory disease caused by the novel coronavirus, known as “COVID-19,” is an infectious virus that can spread from person-to person and can result in serious illness or death; and
On March 13, 2020, President Donald Trump declared the outbreak of COVID-19 a national emergency; and
The Centers for Disease Control and Prevention has identified the potential public health threat posed by COVID-19 both globally and in the United States, and has advised that the person-to-person spread of COVID-19 will continue to occur globally, including within the United States; and
The Centers for Disease Control and Prevention has noted that COVID-19 is proliferating via “community spread,” meaning people have contracted the virus in areas of Georgia as a result of direct or indirect contact with infected persons, including some who are not sure how or where they became infected; and
Laboratory testing has confirmed more than sixty cases of COVID-19 in Georgia; and
In consultation with the Commissioner of Public Health, the Georgia Coronavirus Task Force, and other state health and emergency preparedness officials, I have determined a public health emergency exists, and that it is necessary and appropriate to take action to protect the health, safety, and welfare of Georgia’s residents and visitors to ensure COVID-19 remains controlled throughout this State, as provided by Code Section 38-3-51; and
The uninterrupted supply of medical goods and other emergency related materials, supplies, goods, and services during this emergency is an essential need of the public and any perceived or actual shortage threatens public welfare; and
WHEREAS: The Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 390 et seq., prescribes limits on the hours of service for operators of commercial vehicles, and federal law, 23 U.S.C. § 127, sets forth certain weight limitations for vehicles on interstate highways; and
WHEREAS: 49 C.F.R. § 390.23 allows the Governor of a state to suspend these rules and regulations for commercial vehicles responding to an emergency for up to thirty (30) days, if the Governor determines an emergency condition exists.
Now, THEREFORE, PURSUANT TO CODE SECTION 38-3-51, AND THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY
ORDERED: That a Public Health State of Emergency exists in the State of Georgia due to the public health emergency from the spread of COVID-19.
IT IS FURTHER
ORDERED: That all resources of the State of Georgia shall be made available to assist in activities designed to address this emergency, control the spread of COVID-19, and aid recovery efforts.
IT IS FURTHER
ORDERED: That the Georgia Emergency Management and Homeland Security Agency shall activate the Georgia Emergency Operations Plan (GEOP) in response to this emergency.
IT IS FURTHER
ORDERED: That the Georgia Department of Public Health, as the state agency responsible for emergency management services under Georgia Emergency Support Function (ESF) 8- Public Health and Medical Services, shall coordinate with the Center for Disease Control and Prevention for release of the Strategic National Stockpile as necessary and appropriate in response to this Public Health State of Emergency.
IT IS FURTHER
ORDERED: That the Georgia Emergency Management and Homeland Security Agency is designated as the lead agency for responding to this public health emergency and shall coordinate all emergency response activities and other matters pe1taining to this Public Health State of Emergency.
ORDERED: That acting pursuant to the Governor’s authorization, the Georgia Department of Public Health shall coordinate with the Georgia Emergency Management and Homeland Security Agency to take any action necessary to protect the public’s health, including, without limitation:
(1) Planning and executing public health emergency assessments, mitigation, preparedness response, and recovery for the state;
(2) Coordinating public health emergency responses between state and local authorities;
(3) Establishing protocols to control the spread of COVID-19;
(4) Coordinating recovery operations and mitigation initiatives;
(5) Collaborating with appropriate federal government authorities, elected officials of other states, private organizations, or private sector companies;
(6) Organizing public information activities regarding the state’s public health emergency response operations, including educating the public on prevention of the spread of COVID-19 based on Centers for Disease Control and Prevention’s guidelines and the best scientific evidence available;
(7) Providing special identification for public health personnel involved in this Public Health State of Emergency;
(8) For all persons meeting the Centers for Disease Control and Prevention’s definition of a Person Under Investigation (“PUI’’), implementing a program of active monitoring, which may include a risk assessment within twenty-four (24) hours of learning that the person meets the PUI criteria and twice daily temperature checks for a period of at least fourteen (14) days or until the PUI tests negative for COVID-19; and
(9) Implementing quarantine, isolation, and other necessary public health interventions consistent with Code Sections 31-
12-4 and 38-3-51(i)(2) or as otherwise authorized by law.
IT IS FURTHER
ORDERED: That all state and local authorities as well as public and private hospitals, healthcare facilities, clinics, and medical personnel shall fully comply with orders by the Governor as authorized by Georgia law, in furtherance of this Order.
IT IS FURTHER
ORDERED: The Georgia Composite Medical Board is authorized to grant temporary licenses to physicians who apply for a temporary medical license and are currently licensed as a physician in good standing by equivalent boards in other states to assist with the needs of this public health emergency.
ORDERED: The Georgia Board of Nursing is authorized to grant temporary licenses to nurses who apply for a temporary license and are currently licensed in good standing as an Advanced Practice Registered Nurse, Licensed Practical Nurse, or Registered Professional Nurse by an equivalent board in another state to assist with the needs of this public health emergency.
IT IS FURTHER
ORDERED: That in accordance with 49 C.F.R. 390.23(a)(1)(i)(A), the federal rules and regulations limiting hours operators of commercial vehicles may drive are suspended to ensure that carrier crews are available as needed to provide emergency relief. This declared emergency justifies a suspension of Part 395 (driver’s hours of service) of Title 49 of the Code of Federal Regulations. The suspension will remain in effect for thirty (30) days from the date of this Order or until the emergency condition ceases to exist, whichever is less.
IT IS FURTHER
ORDERED: That no motor carrier operating under the terms of this emergency declaration will require or allow an ill or fatigued driver to operate a motor vehicle. A driver who notifies a motor vehicle carrier that he or she needs immediate rest will be given at least ten (10) consecutive hours off-duty before being required to return to service.
IT IS FURTHER
ORDERED: That weight, height, and length for any such vehicle traveling through the State of Georgia for the purposes of providing disaster relief and/or preparation, which traverses roadways maintained by the State of Georgia, shall not exceed the following:
(1) A maximum gross vehicle weight for vehicles equipped with five (5) weight bearing axles, with an outer bridge span of not less than fifty-one (51) feet, shall not exceed a gross vehicle weight of ninety-five (95) thousand pounds, a maximum width of ten (10) feet and an overall length of one hundred (100) feet. Continuous travel is authorized, with the proper eSCOltS.
(2) If the width of said vehicle exceeds eight (8) feet six (6) inches ad is traveling after daylight, defined as thirty (30) minutes before sunset to thirty (30) minutes after sunrise, the transporter is required to have a vehicle front and a rear escort/amber light when traveling on a two lane roadway and a vehicle rear escort when traveling on a four lane highway.
Transporters are responsible for ensuring they have proper oversize signs, markings, flags, and escorts as defined in the Georgia Department of Transportation Rules and Regulations.
IT IS FURTHER
ORDERED: That commercial vehicles operating outside the normal weight, height, and length restrictions under the authority of this Executive Order shall be issued permits by the Georgia Department of Public Safety. Said vehicles shall be subject to any special conditions the Georgia Department of Public Safety may list on applicable permits. Nothing in this Executive Order shall be construed to allow any vehicle to exceed weight limits posted for bridges and like structures, nor shall anything in this Executive Order be construed to relieve compliance with restrictions other than those specified in this Executive Order or from any statute, rule, order or other legal requirement not specifically waived herein. Oversize permits may be issued by the Georgia Department of Public Safety, Motor Carrier Compliance Division, during normal business hours, Monday through Friday by calling 404-624-7700.
IT IS FURTHER
ORDERED: That during preparation, response, and recovery activities for this Public Health Emergency, price gouging of goods and services necessary to support Public Health would be detrimental to the social and economic welfare of the citizens of this State, and thus Code Section 10-1-393-4, prohibiting price gouging, remains in effect.
IT IS FURTHER
ORDERED: That pursuant to Code Section 38-3-51(a), the General Assembly shall convene for a special session, beginning on March 16, 2020, at S:oo A.M. for the purpose of concurring with or terminating this Public Health State of Emergency.
IT IS FURTHER
ORDERED: That the State of Emergency shall terminate on April 13, 2020, at 11:59 P.M., unless it is renewed by the Governor.
This 14th day of March 2020, at 10 :15 a.m.
Brian Kemp,
GOVERNOR