The COVID Project
The record
- Jurisdiction
- West Virginia
- Level
- State
- Authority
- W. Va. Code 15-5-1 et seq.; 15-5-6 (proclamation of a state of emergency; emergency powers); 46A-6J-3 (price gouging)
- Issued
- 2020-03-16 Mar. 16, 2020
- Effective
- 2020-03-16
- End
- Terminated by Proclamation of Nov. 12, 2022 effective Jan. 1, 2023 (recited in Insurance Commissioner Emergency Order 23-EO-01 paragraph 5, Ex. WV-079) (read as 2022-11-12)
- In force
- Mar. 16, 2020 to Nov. 12, 2022
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationSupply chain
- Addressees
- all state agencies
- DHHR
- Division of Homeland Security and Emergency Management
- National Guard
- any person, business, or other entity selling food, essential consumer items and emergency supplies
- Functions reached
- predicate for all orders
- SC supply chain (price controls on essential consumer items)
- OF (agency rule suspensions)
- Collection
- West Virginia WV
Operative words
do hereby FIND AND DECLARE that a State of Emergency does exist in [all fifty-five counties]... said State of Emergency to remain in effect unless terminated by subsequent Proclamation. I therefore INVOKE the emergency powers set forth in section six, article five, chapter fifteen of the Code of West Virginia... Further, I hereby ORDER that it is unlawful for any person, business, or other entity to sell any food items, essential consumer items, and emergency supplies in a manner that violates the provisions of section three, article six J, chapter forty-six A of the Code of West Virginia. Finally, I hereby DELEGATE to all state agencies the ability to suspend rules, if strict compliance therewith would in any way prevent, hinder or delay necessary action in coping with the emergency.
Enforcement
Price-gouging prohibition under W. Va. Code 46A-6J-3 (recited); the proclamation is the legal predicate for every executive order under W. Va. Code 15-5-6
Notes
Recites the State of Preparedness of March 4, 2020. Every executive order from EO 2-20 through EO 23-21 and EO 7-22 recites this proclamation as its predicate; EO 23-21 (July 20, 2021) and EO 7-22 (Oct. 5, 2022) confirm it remained in force through the third quarter of 2021 and beyond.
Retrieval noteRead by OCR of the Governor's posted scan. The termination proclamation itself was not located in the Secretary of State Executive Journal sweeps (see WV-068).