The COVID Project
The record
- Jurisdiction
- Pennsylvania
- Level
- State
- Authority
- Police power of the Commonwealth; Pa. Const. art. IV
- Issued
- 1978-11-26 Nov. 26, 1978
- Effective
- Standing law throughout 2020 and 2021 (read as 1978-11-26)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Nov. 26, 1978 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationStay-at-homeBusiness closureStanding duty
- Addressees
- persons generally; owners and occupants of premises; every business in the disaster area (the whole Commonwealth from Mar. 6, 2020 to June 10, 2021)
- Character
- statutory authority
- Collection
- Standing duties: Pennsylvania DUT-PA
Operative words
(b) Executive orders, proclamations and regulations.--Under this part, the Governor may issue, amend and rescind executive orders, proclamations and regulations which shall have the force and effect of law.... (f) Additional powers.--... the Governor may:... (7) Control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein.
Penalty
None in sec. 7301 itself. The Commonwealth charged violations of the Governor's and Secretary's orders under 35 P.S. sec. 521.20(a) and 71 P.S. sec. 1409 (Ex. DUT-PA-010), and against licensees through the Liquor Code (Ex. DUT-PA-018) and the food-safety statutes (Ex. DUT-PA-017); 35 Pa.C.S. sec. 7707 (Ex. DUT-PA-004) penalizes violations of the Emergency Management Council's plans and programs.
What it required
Gave every gubernatorial COVID-19 order 'the force and effect of law' and authorized the Governor, during the disaster emergency proclaimed Mar. 6, 2020 (PA-001), to control 'the movement of persons within the area and the occupancy of premises therein' and to suspend regulatory statutes, so that every closure, stay-at-home, occupancy, telework and mitigation order in States/PA bound its addressees as law. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteRecited in PA-002 ('35 Pa. C.S. sec. 7301(b)'), PA-006, PA-010, PA-011, PA-017 and PA-023. Friends of Danny DeVito v. Wolf (Ex. DUT-PA-020, slip op. at 36): 'The Emergency Code specifically recognizes that under its auspices, the Governor has the authority to issue executive orders and proclamations which shall have the full force of law. 35 Pa.C.S. sec. 7301(b).' Section 7301(c)'s 90-day limit and the May 18, 2021 constitutional amendment (Pa. Const. art. IV, sec. 20) explain the termination of the proclamation on June 10, 2021 (PA-039); the Secretary's disease-control authority under Title 35 P.S. and Title 28 Pa. Code was unaffected (PA-045).