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Ex. DUT-WV-008 Standing duty Primary source read

W. Va. Code ch. 15, art. 5 (whole article), §§ 15-5-2, 15-5-6, 15-5-17 and 15-5-18 relied on

Emergency Management Act: definition of 'disaster' (including 'epidemic'); proclamation of a state of emergency and additional powers of the Governor; enforcement; arrest without warrant

West Virginia Legislature (codified statute) · West Virginia (State)

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The record

Jurisdiction
West Virginia
Level
State
Authority
W. Va. Code §§ 15-5-2, 15-5-6(g)(6)-(7), 15-5-17, 15-5-18
Issued
2023-02-23 Feb. 23, 2023
Effective
In force throughout 2020 Q2 to 2021 Q3; the Proclamation of Mar. 16, 2020 (Ex. WV-001) invoked the article for all fifty-five counties until Jan. 1, 2023 (Ex. WV-068) (read as 2020-03-16)
End
standing (read as 2021-09-30)
In force
Standing since Mar. 16, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Stay-at-homeBusiness closureGathering capTravel and quarantineStanding dutyOperating condition
Addressees
  • persons generally; owners or persons in control of premises; every business within an area subject to a state of emergency
Character
statutory authority
Collection
Standing duties: West Virginia DUT-WV

Operative words

(g) Under a duly proclaimed state of emergency or state of preparedness, the Governor has the following additional powers...:... (6) To control ingress and egress into or out of a disaster area or other area subject to a state of emergency or state of preparedness, as well as the movement of persons and occupancy of premises within the area.

Penalty

Warrantless arrest under § 15-5-18 (Ex. DUT-WV-009); prosecution for obstruction under W. Va. Code § 61-5-17 as recited in EO 14-20 para. 4 (fine of $50 to $500 or jail up to one year; Exs. WV-012, DUT-WV-010); enforcement 'by State and local law enforcement and by state and local regulatory and/or licensing bodies' (EO 9-20 para. 7; Ex. WV-009)

What it required

Submission of every person and every premises in the State to the Governor's control of 'the movement of persons and occupancy of premises' during the proclaimed emergency (the statutory basis of the stay-at-home, closure, occupancy, gathering, telework and face-covering orders); § 15-5-2 defines 'disaster' to include 'epidemic'; § 15-5-17 makes it 'the duty of every organization for emergency services... to execute and enforce such orders, rules and regulations as may be made by the Governor under this article'; § 15-5-18 authorizes warrantless arrest for violating any such order 'which affect[s] the public generally.' Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Subsections (b) proviso and (h) to (l) of § 15-5-6 reflect the 2023 amendment and post-date the period: (k) now provides that 'Unless expressly authorized by an executive order of the Governor, a municipal, county, or state health officer, under color of a duly proclaimed state of emergency or state of preparedness, shall not take any enforcement action which is not authorized by statute,' and (l) confines challenges to an executive order to prohibition or mandamus in the Supreme Court of Appeals. H.B. 2003 (2021 Reg. Sess.), which would have limited the Governor's emergency powers, did not become law (bill history read). The COVID-19 Jobs Protection Act's findings recite the Proclamation 'finding that the COVID-19 pandemic constitutes a disaster under § 15-5-2 of this code' (Ex. DUT-WV-013, § 55-19-2(a)(3)).