130th Maine Legislature (L.D. 1, S.P. 29); became law without the Governor's signature, Public Law 2021, chapter 28 (L.D. 1), An Act To Establish the COVID-19 Patient Bill of Rights and To Amend the Governor's Emergency Powers, Part C, enacting 37-B M.R.S. sec. 742(1)(E) (standing) (Ex. DUT-ME-016)
Governor John C. Carney and the Delaware Division of Public Health (Office of the Governor release), Release, 'Governor Carney Announces Additional COVID-19 Restrictions to Confront Winter Surge' (Dec. 10, 2020), announcing the zero-tolerance enforcement policy for businesses effective Dec. 14, 2020 (Ex. DUT-DE-014)
Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 24-33.5-704 (The governor and disaster emergencies - response - duties and limitations) (standing) (Ex. DUT-CO-006)
Delaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-001)
Maine Legislature (37-B M.R.S. chapter 13, Maine Emergency Management Agency; Governor's emergency powers), 37-B M.R.S. secs. 703 (definitions), 741(3)(H) (delegation), 742 (emergency proclamation; Governor's powers; sec. 742(1)(C)(2), (5), (8), (12), (13) and (1)(E)), 743 (termination), 786 (enforcement; Class E crime; arrest), 822 (compliance-conditioned immunity), 827 (aid in emergency; Class E crime), 829 (duty of agencies to execute and enforce orders), 834 (inconsistent laws suspended) (standing) (Ex. DUT-ME-004)
Illinois General Assembly (Illinois Emergency Management Agency Act), 20 ILCS 3305/7 (Emergency Powers of the Governor) (standing) (Ex. DUT-IL-002)
Louisiana Legislature (codified in the Louisiana Revised Statutes), La. R.S. 29:766 (declaration of a state of public health emergency; emergency powers of the governor) (standing) (Ex. DUT-LA-007)
General Assembly of North Carolina, N.C. Gen. Stat. sec. 166A-19.30 (Additional powers of the Governor during state of emergency) (standing) (Ex. DUT-NC-003)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1, Emergency Management), Statute (standing) (Ex. DUT-MD-005)
United States District Court for the District of Maryland (Blake, J.), Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 40 (D. Md. May 20, 2020) (refusing a preliminary injunction against the Governor's orders) (Ex. DUT-MD-017)
Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 10, Article 14, chapter 3: sections 10-14-3-11 (governor's orders), 10-14-3-12 (disaster emergency; gubernatorial powers), 10-14-3-22(b) (orders have the force of law), 10-14-3-34 (infraction, as amended by P.L.64-2021) (standing) (Ex. DUT-IN-002)
Governor Charles D. Baker, Governor's Declaration Pursuant to General Laws Chapter 17, Section 2A (May 28, 2021) (library exhibit MA-049; cross-reference, not re-saved) (Ex. DUT-MA-028)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A, Catastrophic Health Emergencies), Statute (standing) (Ex. DUT-MD-007)
Rhode Island General Assembly (powers vested in the Governor; duties imposed on State health authorities and local code enforcement officials), R.I. Gen. Laws § 30-15-9 (standing) (Ex. DUT-RI-008)
South Dakota Legislature (codified statute administered by the Governor and the Department of Public Safety), SDCL ch. 34-48A, Emergency Management (§§ 34-48A-1, 34-48A-2, 34-48A-5, 34-48A-9, 34-48A-49) (standing) (Ex. DUT-SD-006)
General Assembly of Georgia (Georgia Emergency Management Act; Ga. L. 1951, p. 224, as amended through Ga. L. 2011, p. 701 (HB 339) and later), O.C.G.A. section 38-3-51 (standing) (Ex. DUT-GA-007)
Legislative Assembly of North Dakota (codified statute; powers exercised by Governor Doug Burgum under Executive Order 2020-03), N.D.C.C. 37-17.1-05 (with 37-17.1-10 for local declarations) (standing) (Ex. DUT-ND-005)
West Virginia Legislature (codified statute), W. Va. Code ch. 15, art. 5 (whole article), §§ 15-5-2, 15-5-6, 15-5-17 and 15-5-18 relied on (standing) (Ex. DUT-WV-008)
Alaska State Legislature (Alaska Disaster Act; administered by the Department of Military and Veterans' Affairs, AS 26.23.220), AS 26.23.020 and AS 26.23.025 (standing) (Ex. DUT-AK-002)
Supreme Court of Oklahoma (Kauger, J., for the Court), Ho v. Tulsa Spine & Specialty Hospital, L.L.C., 2021 OK 68, 507 P.3d 673, Case No. 119,752 (Dec. 14, 2021) (Ex. DUT-OK-019)
General Assembly of the Commonwealth of Pennsylvania, Statute (Emergency Management Services Code, Title 35, Part V, Chapter 73, sec. 7301) (standing) (Ex. DUT-PA-003)
Supreme Court of Pennsylvania (Donohue, J., for the Court; Saylor, C.J., Baer, Todd, Dougherty, Wecht and Mundy, JJ.), Judicial opinion (majority opinion on an emergency application for extraordinary relief) (Apr. 13, 2020) (Ex. DUT-PA-020)
General Court (codified statute administered by the Commissioner of Public Health), G.L. c. 17, s. 2A (standing) (Ex. DUT-MA-001)
Maine Legislature (22 M.R.S. chapter 250, Control of Notifiable Diseases and Conditions; administered by the Department of Health and Human Services through the Maine Center for Disease Control and Prevention), 22 M.R.S. secs. 801-825: sec. 801(4-A) (extreme public health emergency) and 801(10) (public health threat); sec. 802 (authority of department; health emergency; emergency rules; Governor's declaration); sec. 803 (inspection); sec. 804 (enforcement by agents, local health officers, sheriffs and law enforcement; cease-and-desist; fines; injunction); sec. 805 (court orders); sec. 807 (control of communicable diseases; designated facilities); sec. 808 (investigations); sec. 810 (emergency temporary custody of person or property); secs. 811-812 (court-ordered public health measures); sec. 816 (compliance-conditioned immunity); sec. 820 (extreme public health emergency powers); secs. 821-822 (reporting); sec. 825 (penalties) (standing) (Ex. DUT-ME-001)
Montana Legislature (Montana Code Annotated, Title 10, ch. 3), Mont. Code Ann. 10-3-104 (standing) (Ex. DUT-MT-008)
Legislature of New Mexico (Public Health Emergency Response Act), NMSA 1978, Sections 12-10A-5 (Declaring a state of public health emergency) and 12-10A-6 (Special powers during a public health emergency) (standing) (Ex. DUT-NM-004)
Oklahoma Legislature (Catastrophic Health Emergency Powers Act), 63 O.S. 6403 (standing) (Ex. DUT-OK-008)
Executive Office of the Governor (FAQ released Apr. 3, 2020 to accompany Executive Order 20-91; the copy saved is Palm Beach County's archived copy of the State document), FAQs for Executive Order 20-91: Essential Services and Activities during COVID-19 (Apr. 3, 2020) (Ex. DUT-FL-017)
Idaho Legislature (Idaho Code tit. 46, ch. 10, State Disaster Preparedness Act), Idaho Code section 46-1008 (text as in force March 2020 through May 9, 2021) (standing) (Ex. DUT-ID-008)
Oklahoma Legislature (Oklahoma Emergency Management Act of 2003), 63 O.S. 683.9 (text effective Nov. 1, 2009 to June 30, 2025) (standing) (Ex. DUT-OK-006)
General Assembly of South Carolina, S.C. Code Ann. § 25-1-440 (standing) (Ex. DUT-SC-005)
United States Court of Appeals for the Fifth Circuit (Duncan, J., joined by Elrod, J.; Dennis, J., dissenting), In re Abbott, No. 20-50264 (5th Cir. Apr. 7, 2020) (published), 954 F.3d 772 (Ex. DUT-TX-021)
Office of the Governor and Alabama Department of Public Health (FAQ posted on governor.alabama.gov for the State Health Officer's amended order of March 27, 2020), 'Safer at Home' Statewide Public Health Order Frequently Asked Questions (undated; posted March 2020) (Mar. 28, 2020) (Ex. DUT-AL-018)
United States District Court, M.D. Ala. (Watkins, J.), Case v. Ivey, No. 2:20-cv-777-WKW, Doc. 54 (M.D. Ala. June 1, 2021) (Memorandum and Opinion Order) (Ex. DUT-AL-021)
General Court; approved by the Governor July 20, 1950 (emergency law), St. 1950, c. 639 (the Civil Defense Act), ss. 1, 5, 7, 8, 8A (standing) (Ex. DUT-MA-012)
Minnesota Legislature (Minnesota Emergency Management Act of 1996, Minn. Stat. ch. 12, as amended), Minn. Stat. ch. 12 (2020), Emergency Management (standing) (Ex. DUT-MN-006)
Commissioner of Public Health, with the authorization of the Public Health Council (June 9, 2021) and the approval of the Governor, COVID-19 Public Health Emergency Order No. 2021-1 (June 14, 2021) (library exhibit MA-054; cross-reference, not re-saved) (Ex. DUT-MA-030)
Texas Legislature (Government Code ch. 418), Tex. Gov't Code §§ 418.018(c) and 418.108(g) (standing) (Ex. DUT-TX-011)
Alaska State Legislature (SCS CSSB 241(FIN)), signed by Governor Dunleavy, SB 241, ch. 10 SLA 2020, secs. 15 and 32 (cross-reference to Ex. AK-002; not re-saved) (Apr. 10, 2020) (Ex. DUT-AK-015)
Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council and the Governor, Order of the Commissioner of Public Health Regarding Face Coverings to be Worn in Certain Settings (May 28, 2021) (library exhibit MA-050; cross-reference, not re-saved) (Ex. DUT-MA-029)
United States District Court for the District of Maryland (Blake, J.), Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 71 (D. Md. Nov. 18, 2020) (granting the motion to dismiss the amended complaint) (Ex. DUT-MD-018)
New York State Legislature (S. 8835, signed by Governor Cuomo August 3, 2020), amending Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act, enacted April 3, 2020 as Part GGG of chapter 56 of 2020), Chapter 134 of the Laws of 2020 (S. 8835), amending Public Health Law §§ 3081(5) and 3082(1) (Emergency or Disaster Treatment Protection Act) (Aug. 3, 2020) (Ex. DUT-NY-016)
New York State Legislature (S. 5177, signed by Governor Cuomo April 6, 2021), Chapter 96 of the Laws of 2021 (S. 5177), repealing Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act) (standing) (Ex. DUT-NY-018)
Rhode Island General Assembly (power vested in the Governor and the Director of Health), R.I. Gen. Laws § 23-8-18 (standing) (Ex. DUT-RI-007)
Utah Legislature, 2020 Fifth Special Session (S.B. 5011, Chief Sponsor Sen. Curtis S. Bramble, House Sponsor Rep. Mike Schultz; signed by Governor Herbert July 7, 2020), S.B. 5011, High Risk Population Protection Amendments (enrolled copy) (July 7, 2020) (Ex. DUT-UT-016)
Governor Ralph S. Northam, Executive Order Number Sixty (2020), Clarification of Certain Immunity From Liability for Healthcare Providers in Response to Novel Coronavirus (COVID-19) (Apr. 28, 2020) (Ex. DUT-VA-011)
Vermont General Assembly (Title 20, chapter 1), 20 V.S.A. sec. 20 (Immunities and defenses) (standing) (Ex. DUT-VT-013)
Governor Mike Dunleavy; Commissioner Adam Crum, DHSS; Dr. Anne Zink, Chief Medical Officer, Health Mandate 015, Services by Health Care Providers (Apr. 15, 2020; revised May 19 and June 1, 2020) (cross-reference to Ex. AK-017; not re-saved) (Ex. DUT-AK-021)
Governor Ned Lamont, Executive Order No. 7U, § 1 (Apr. 5, 2020): Protection from Civil Liability for Actions or Omissions in Support of the State's COVID-19 Response (health care professionals and facilities); superseded and replaced by EO 7V § 6 (Apr. 7, 2020, Ex. CT-014); facility immunity expired Mar. 1, 2021 by EO 10A § 4 (Ex. CT-036) (Ex. DUT-CT-012)
Georgia Department of Public Health (Kathleen E. Toomey, M.D., M.P.H., Commissioner and State Health Officer), DPH Administrative Order, Long-Term Care Facilities Reopening Guidance (Sept. 15, 2020) (Ex. DUT-GA-015)
General Court; approved by Governor Charles D. Baker (emergency law), Chapter 64 of the Acts of 2020 (Apr. 17, 2020) (Ex. DUT-MA-017)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1), Statute (standing) (Ex. DUT-MD-006)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A), Statute (standing) (Ex. DUT-MD-008)
State of Montana, State Emergency Operations Center, Joint Information Center (JIC) (Office of the Governor; hosted at covid19.mt.gov), State of Montana Coronavirus Frequently Asked Questions, updated April 14, 2020, 10:30 a.m. (Apr. 14, 2020) (Ex. DUT-MT-020)
Governor Steve Bullock, Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential functions) (cross-reference to Ex. MT-009) (Mar. 26, 2020) (Ex. DUT-MT-021)
New Hampshire General Court (2021 N.H. Laws ch. 179, Part III, sec. 1); Governor's signature, RSA 21-P:42-a (standing) (Ex. DUT-NH-013)
New Jersey Legislature (219th Legislature, S2333/A3910); approved by Governor Philip D. Murphy, P.L. 2020, c. 18, An Act providing immunity from liability for certain claims alleging injury or death during public health emergency and state of emergency and facilitating issuance of temporary licenses and certifications (Apr. 14, 2020) (Ex. DUT-NJ-007)
State Board of Health (Virginia Department of Health), 12VAC5-90, Regulations for Disease Reporting and Control (full chapter), including 12VAC5-90-80 (Lists of diseases that shall be reported), 12VAC5-90-90 (Those required to report), 12VAC5-90-100 (Methods), 12VAC5-90-103 (Isolation for communicable disease of public health threat) and 12VAC5-90-107 (Quarantine) (standing) (Ex. DUT-VA-003)
General Assembly of Virginia (2020 Special Session I); approved by Governor Ralph S. Northam, 2020 Acts of Assembly, Special Session I, Chapter 6 (House Bill 5059), An Act to amend the Code of Virginia by adding a section numbered 8.01-225.03, relating to certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers; immunity from civil liability; COVID-19; emergency (standing) (Ex. DUT-VA-010)
Governor Jim Justice, Executive Order 9-20 (Stay at Home Order), §§ 2, 3 and 7 (cross-reference to Ex. WV-009; not re-saved) (Mar. 23, 2020) (Ex. DUT-WV-021)
Georgia Department of Economic Development (GDEcD), the agency Executive Order 04.02.20.01 authorized to issue guidance on Critical Infrastructure status, GDEcD COVID-19 business guidance page (georgia.org/covid19), as archived April 13, 2020 (Apr. 13, 2020) (Ex. DUT-GA-016)
Indiana General Assembly (Indiana Code 2020 edition), Ind. Code Title 10, Article 14 (2020 edition): section 10-14-3-34 (Offenses) as in force from the recodification of 2003 through April 14, 2021, with sections 10-14-3-11, -12 and -22 (standing) (Ex. DUT-IN-015)
Attorney General Derek Schmidt (Office of the Kansas Attorney General), Memorandum to Kansas Prosecutors and Law Enforcement, 'State and local law enforcement duties and authorities under emergency powers invoked in connection with COVID-19 response' (March 24, 2020) (Mar. 24, 2020) (Ex. DUT-KS-017)
Maryland General Assembly (Health-General Article, Title 18, Subtitle 9, Catastrophic Health Emergencies), Statute (standing) (Ex. DUT-MD-003)
Oregon State Police (published by Oregon OSHA, Department of Consumer and Business Services, as the attachment to its COVID-19 Q&A), Oregon State Police, Emergency Declaration Enforcement FAQ (Mar. 24, 2020): law-enforcement guidance on enforcement of Executive Order 20-12, 'Stay Home, Save Lives' (Ex. DUT-OR-010)
Arizona Legislature (Arizona Revised Statutes, title 26, ch. 2, art. 1), Statute (standing) (Ex. DUT-AZ-007)
Hon. Daniel D. Domenico, U.S. District Judge, Order Denying Plaintiff's Request for Preliminary Injunction, Lawrence v. Colorado, No. 1:20-cv-00862-DDD-SKC, ECF No. 19 (Apr. 19, 2020) (Ex. DUT-CO-012)
Delaware General Assembly (codified statute; enacted by 73 Del. Laws, c. 355 (2002)), 20 Del. C. §§ 3131-3147 (Public Health Emergencies: definitions; isolation and quarantine; vaccination and treatment; rules and regulations; liability) (standing) (Ex. DUT-DE-003)
Iowa General Assembly, Iowa Code § 135.144 (2021), Additional duties of the department related to a public health disaster (standing) (Ex. DUT-IA-002)
Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-201, County boards of health; local health officers; review, amendment or revocation of local health officer orders; approval by board of county commissioners; civil action (text from March 25, 2021) (standing) (Ex. DUT-KS-009)
Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A), Statute (standing) (Ex. DUT-MD-009)
Hon. Nancy Torresen, U.S. District Judge, Order on Plaintiff's Motion for a Temporary Restraining Order, Calvary Chapel of Bangor v. Mills, No. 1:20-cv-00156-NT, ECF No. 27 (D. Me. May 9, 2020), reported at 459 F. Supp. 3d 273 (Ex. DUT-ME-013)
New York State Legislature (Executive Law, article 2-B); powers exercised by the chief executive of every county, city, town and village, N.Y. Executive Law § 24 (local state of emergency; local emergency orders by chief executive) (standing) (Ex. DUT-NY-011)
Oklahoma Legislature (Senate Bill 300, 2d Sess., 57th Leg.), 63 O.S. 6406 (SB 300, 2020), COVID-19 Public Health Emergency Limited Liability Act (May 12, 2020) (Ex. DUT-OK-015)
General Assembly of South Carolina, S.C. Code Ann. Title 44, Chapter 4, Emergency Health Powers Act, §§ 44-4-100 to 44-4-570 (in particular §§ 44-4-130, 44-4-300, 44-4-310, 44-4-500, 44-4-510, 44-4-520, 44-4-530, 44-4-540) (standing) (Ex. DUT-SC-002)
Texas Department of State Health Services (DSHS); Commissioner John Hellerstedt, M.D, DSHS News Release, 'Texas Health Commissioner Declares Public Health Disaster' (March 19, 2020) (Mar. 19, 2020) (Ex. DUT-TX-008)
General Assembly of Virginia (Code of Virginia, Title 32.1, Chapter 2, Disease Prevention and Control), Va. Code Title 32.1, Chapter 2 (sections 32.1-35 to 32.1-73.x), including Article 3 Disease Control (sections 32.1-42 Emergency rules and regulations; 32.1-43 Authority of State Health Commissioner to require quarantine, etc.; 32.1-48 Powers of Commissioner in epidemic) and Article 3.01 Isolation and Quarantine of Persons with Communicable Diseases of Public Health Threat (sections 32.1-48.05 to 32.1-48.017) (standing) (Ex. DUT-VA-002)
General Assembly of Virginia (Code of Virginia, Title 8.01, Chapter 3), Va. Code section 8.01-225.03, Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers during a disaster under specific circumstances (text as it stood in 2021, before the 2024 amendments) (Oct. 13, 2020) (Ex. DUT-VA-009)
