When, in his opinion, the facts warrant, the Governor shall, by proclamation, declare that, because of unlawful assemblage, violence, overt threats of violence, or otherwise, a danger exists to the person or property of any citizen or citizens of the state and that the peace and tranquility of the state or of any area or political subdivision thereof is threatened, and because thereof an emergency, with reference to said threats and danger, exists. In all such cases, when the Governor shall issue his proclamation he shall be and is further authorized, in coping with said threats and danger, to order and direct any person, corporation, association, or group of persons to do any act which would, in his opinion, prevent danger to life, limb, or property or prevent a breach of the peace; or he may order such person, corporation, association, or group of persons to refrain from doing any act or thing which would, in his opinion, endanger life, limb, or property or cause, or tend to cause, a breach of the peace, or endanger the peace and good order of society; and he shall have full power to enforce such order or proclamation by appropriate means.
History. Ga. L. 1957, p. 44, § 2.
Editor’s notes.
For application of this statute in 2020 and 2021, see Executive Orders 07.31.20.02, 08.15.20.01, 08.31.20.02, 09.15.20.01, 09.30.20.02, 10.15.20.01, 10.30.20.02, 11.13.20.01, 11.20.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.01, 01.07.21.02, 01.15.21.01, 01.22.21.07, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, 05.06.21.01, and 05.28.21.02.
A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.
Law reviews.
For article, “Preemption: Executive Order by the Governor to Ensure a Safe & Healthy Georgia: Preemption,” see 37 Ga. St. U.L. Rev. 95 (2020).
Structure Georgia Code
Title 45 - Public Officers and Employees
Article 2 - Powers and Duties Generally
§ 45-12-20. Grant of Commissions
§ 45-12-21. Issuance of Warrants for Payments From Treasury
§ 45-12-22. Suspension of Collection of Taxes
§ 45-12-23. Incapacity of Commissioner of Insurance
§ 45-12-25. Books of Record to Be Maintained by Governor
§ 45-12-26. Defense of Action in Which State Has Interest
§ 45-12-27. Calling Out Militia to Execute Laws
§ 45-12-28. Calling Out Militia for Defense of State in Case of Invasion or Insurrection
§ 45-12-29. Powers to Prevent Violence and Maintain Order — General Authority
§ 45-12-34. Powers to Prevent Violence and Maintain Order — Enforcement of Rules and Regulations
§ 45-12-39. Annual Report to General Assembly on Administration’s Policies and Goals