{"id":"WV-001","kind":"order","level":"state","jurisdiction":"West Virginia","state":"WV","metro":"","industry":"","agency":"","eco":"","issuer":"Governor Jim Justice","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)","instrument":"Proclamation (State of Emergency)","title":"A Proclamation by the Governor declaring a State of Emergency in all fifty-five counties","dateIssued":"2020-03-16","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)","startDate":"2020-03-16","endDate":"2022-11-12","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["EMER","SUPPLY"],"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"],"clause":"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","functions":["predicate for all orders","SC supply chain (price controls on essential consumer items)","OF (agency rule suspensions)"],"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.","sourceUrl":"https://governor.wv.gov/Documents/2020%20Proclamations/State-of-Emergency-March-16-2020.pdf","snapshot":"https://web.archive.org/web/20200317170100/https://governor.wv.gov/Documents/2020%20Proclamations/State-of-Emergency-March-16-2020.pdf","fileExists":true,"fileBytes":145338,"grade":"primary","character":"","description":"","collection":"WV","url":"/library/WV-001","exhibitUrl":"/exhibit/WV-001","citation":"Governor Jim Justice, Proclamation (State of Emergency) (Mar. 16, 2020) (Ex. WV-001)","stateName":"West Virginia","related":["WV-079","DUT-WV-008","WV-068","WV-002","WV-003","WV-004","WV-005","WV-007","WV-006","WV-008","WV-010","WV-009"]}