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StateLawResourcesnotesScoreState of Emergency declared by#State of Emergency terminated bynotes#Time Limit on State of Emergency Declarationsnotes#Powers continued after terminationnotes#Authority to alter statutes or regulationsnotes#
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KansasKS Stat § 4889Only the governor, but the legislature must concur within 15 days, and may only approve one 30-day extension. Finance committee may extend with unanimous vote past limit.22Governor or a joint legislative resolution at any time1215 daysKan. Stat. Ann. § 48-924.20No 20Governor may suspend any statute or regulation related to the emergency§ 48-9258
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South Carolina§ 25-1-440South Carolina Homeland Security Act
AG & Solicitor General advisory on meaning of legislative "consent" allows Governor to repeatedly re-declare a state of emergency absent legislative action
83Only the governor, but the legislature must concur within 15 days14Governor or a joint legislative resolution at any time1215 days20No 20Governor may amend regulations, but cannot modify or remove statute16
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MinnesotaMN Stat § 12.31Analysis of peacetime emergency, not war emergency76Only the governor, but the executive council must approve first extension after 5 days. Governor must call legislature to session for extension past 30 days14Governor or a joint legislative resolution at any time12.31 sub 2(b)1230 days16No 20Governor may create new or amend regulations, but cannot modify or remove statute14
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New HampshireSection 4.4573Either the governor or the legislature10Governor or a joint legislative resolution at any time1221 days18No 20Governor may amend or create new regulations, but cannot modify or remove statute14
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AlaskaAS 26.23"Disaster emergency" chosen for analysis, more strict71Only the governor, but the legislature must approve extensions14Governor or a joint legislative resolution at any time1230 days
AS 26.23.020(c)
16No 20Governor may suspend any statute or regulation related to the emergency8
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MichiganEmergency Management Act of 1976 (EMA)MI Supreme Court ruling on EPGA, October 2020
Analysis of 1976 EMA, not 1945 EPGA: Court ruled Whitmer’s orders after 4/30 unconstitutional (under 1945 law) - Argued constitutional avoidance, limitless delegation of legislative authority to executive cannot be forever, struck down EPGA because it is an "unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution” Despite these actions, Whitmer claims authority does not need emergency declaration
71Only the governor, but the legislature must approve of extensions14Governor or legislature by denying extension30.403(3)1428 days16No 20Governor may modify or suspend any statute or regulation 6
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UtahUtah Code 53-2a-20471Only the governor, but the legislature must concur within 30 days14Governor or a joint legislative resolution at any time53-2a-2061230 days16No 20Governor may suspend any law or regulation related to the emergency
§ 53-2a-209
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GeorgiaO.C.G.A. 38-3-51 (2010)69Only the governor, but the legislature must approve initial declaration 12Governor or a joint legislative resolution at any time1230 days16No
"The Governor shall have and may exercise for such period as the state of emergency or disaster exists or continues" O.C.G.A. 38-3-51(c)
20Governor may suspend any statute or regulation related to the emergency8
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Idaho
ID Code § 46
63Only the governor 4Governor or a joint legislative resolution at any time1230 days
§ 46-1008
16No 20Governor may amend regulations, but cannot modify or remove statute
§ 46-1008
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MontanaMT Code 10-3
Analysis on disaster emergency declared under 10-3-302. Gov must call special session within 45 days for post-attack emergency under § 10-3-505, and cannot last longer than 6mo w/o legislative concurrence
63Only governor may declare, but legislature must concur after 30 days, unless declared by POTUS12Only the governorMT Code § 10-3-104430 days16No 20Governor may suspend any statute or regulation related to the emergency8
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New MexicoN.M. Stat. Ann. § 12-10A-560Only the governor 4Only the governor430 days16No 20No explicit authority for Governor to change statute or regulations20
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WisconsinWI Stat 23260Only the governor, but the legislature must concur after 60 days14Governor or a joint legislative resolution at any time1260 days1060 days
definition of "disaster period"
8Governor may amend regulations, but cannot modify or remove statute16
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ColoradoCO Rev Stat § 24-33.5-70457Only the governor 4Governor or a joint legislative resolution at any time
CO ST § 24-33.5-704
1230 days16No 20Governor may suspend any statute or regulation related to the emergency8
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IndianaIC 10-14-3Analysis of "state of disaster emergency" not "energy emergency"57Only the governor 4Governor or a joint legislative resolution at any time
IC 10-14-3-12
1230 days16No 20Governor may suspend any statute or regulation related to the emergencyIC 10-14-3-128
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IowaIA Code 29CAnalysis of "disaster emergency" not a "state of public disorder"57Only the governor 4Governor or a joint legislative resolution at any timeIA Code Sec 29C.31230 days16No 20Governor may suspend any statute or regulation related to the emergency§ 29C.68
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Louisiana
LRS 29-724
Pelican institute reportState supreme court so far has affirmed legislative authority to end state of emergency, sent case back to district court 12/21/2057Only the governor 4Legislative resolution of either House or Senate at any timeLa. Stat. Ann. § 29:724.1630 Days165 daysLRS 14-329.616Governor may suspend any statute or regulation related to the emergency8
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NevadaNRS 414.07057Either the governor or the legislature10Governor or a joint legislative resolution at any timeNev. Rev. Stat. Ann. § 414.07012None4No 20No explicit authority for Governor to change statute or regulations20
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Rhode IslandRI Gen L § 30-15-9RI Freedom Center on Emergency powers57Only the governor 4Governor or a joint legislative resolution at any time30 R.I. Gen. Laws Ann. § 30-15-91230 days16No 20Governor may suspend any statute or regulation related to the emergency8
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TexasTX Code Ch 41857Only the governor 4Governor or a joint legislative resolution at any time1230 days16No 20Governor may suspend any law or regulation related to the emergency8
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MarylandMaryland Code Title 14 (§ 14-107)56Only the governor 4Governor or a joint legislative resolution at any timeMD PUBLIC SAFETY § 14-1071230 Days
§ 14-107
16No 20Governor may modify or suspend any statute or regulation 6
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AlabamaAL Code 31-9-853Either the governor or the legislature10Time limit only860 Daysterminated after 60 days of latest proclamation/resolution10No 20Governor may suspend any statute or regulation 6
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MaineMRS 37-B51Only the governor 4Governor or a joint legislative resolution at any time37B Sec. 7431230 Days1630 days during COVID-19 era
37-B S742(1)(C)(13)
12Governor may suspend any statute or regulation related to the emergency8
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MississippiMS Code 33-15Analysis of "state of war emergency" may be terminated by Legislature via concurrent resolution51Only the governor 4Only the governorMS Code § 33-15-11430 days16No 20Governor may suspend any statute or regulation related to the emergency35-15-11 (c)8
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Illinois20 ILCS 330550Only the governor 4Only the governor20 ILCS 3305/7430 days16No 20Governor may modify or suspend any statute or regulation6
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New JerseyN.J.S.A. 26:13-3 and N.J.S.A. App. A:9-34http://ready.nj.gov/about-us/state-of-emergency.shtml50Only the governor 4Only the governor430 daysNJSA 26:13-316No 20Governor may modify or suspend any statute or regulation 6
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ArkansasArk Code 12-75: Arkansas Emergency Services Act of 197349Only the governor 4Governor or a concurrent legislative resolution at any time1260 days10No 20Governor may suspend any statute or regulation related to the emergency8
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FloridaTitle XVII Ch. 25249Only the governor 4Governor or a joint legislative resolution at any timeThe Legislature, by concurrent resolution, may terminate a state of emergency at any time. Fla. Stat. Ann. § 252.361260 days10No 20Governor may suspend any statute or regulation related to the emergency
§ 252.36(4)(a)
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Massachusetts
"Civil Defense Act" aka Chapter 639 of the Acts of 1950
Mass SJC decision on powers under CDAGov. Baker using cold war-era "civil defense act" instead of pandemic-specified emergency law. Court affirmed that pandemic falls under "other natural disaster"49Only the governor 4Governor or a joint legislative resolution at any timeChapter 639 of the Acts of 1950, § 2212None4No 20No explicit authority for Governor to change statute or regulations
CDA § 7(k) allows governor "The suspension of the operation of any statute, rule or regulation which affects the employment of persons within the commonwealth...to remove any interference, delay or obstruction in connection with the production, processing or transportation of materials are necessary because of the existence of a state of emergency."
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MissouriMO Rev Stat § 44.10049Either the governor or the legislature10Governor or a joint legislative resolution at any time§ 44.10012None4No 20Governor may suspend any statute or regulation related to the emergency8
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OklahomaOklahoma Emergency Management Act of 2003 (63 O.S.)49Either the governor or the legislature10Governor or a joint legislative resolution at any time§ 683.912None4No 20Governor may suspend any statute or regulation related to the emergency§ 64038
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West VirginiaWV Code S15-5-649Either the governor or the legislature10Governor or a joint legislative resolution at any time12None4No 20Governor may suspend any law or regulation related to the emergency8
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CaliforniaCA Gov Code 2-7: California Emergency Services Actemergency defined47Only the governor 4Governor or a joint legislative resolution at any time"Non-war emergency may be terminated by concurrent resolution of the legislature declaring it at an end. CA GOVT § 8629"1260 days"State of Emergency" statute10No
S 8567(b)
20Governor may modify any statute or "make, amend, or rescind" regulations
§ 8657 & 8571
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New YorkN.Y. Exec. Law § 29-a (McKinney)46Only the governor 4Governor or a joint legislative resolution at any time126 months2b-286No 20Governor may modify or suspend any statute or regulation related to the emergency, but legislature may terminate orders with joint resolution
NY Exec L § 29-A (2015)
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OregonORS 40146Only the governor 4Governor or a joint legislative resolution at any timeOr. Rev. Stat. Ann. § 401.19212None4No 20Governor may amend regulations, but cannot modify or remove statute
ORS 401.168
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Delaware20 DE Code Title 30, ch. 3143Only the governor 4Only the governor430 days1660 days
§ 3101(2) -- definition of "emergency period"
8Governor may suspend any statute or regulation related to the emergency§ 31168
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KentuckyKRS § 39A.100 (2019)43Only the governor 4Only the governor4None4No 20No explicit authority for Governor to change statute or regulations20
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PennsylvaniaStat of PA Title 35 ch 73July PA supreme court ruling that Gov. Wolf can veto joint resolution43Only the governor 4Governor or a two-thirds vote of the Legislature (veto override)35 Pa. Stat. and Consol. Stat. Ann. § 7301890 days8No 20Governor may suspend any statute or regulation related to the emergency8
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South DakotaSD Codified L § 34-48A-543Only the governor 4Only the governor, otherwise by time limit46 months6No 20Governor may amend regulations, but cannot modify or remove statute16
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TennesseeTN Code 58-2-10743Only the governor 4Only the governor460 days10No 20Governor may suspend any law or regulation related to the emergency8
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VirginiaVA Code § 44-14643Only the governor 4Only the governor4None. Must lapse June 30 but may be renewed4No 20No explicit authority for Governor to change statute or regulations20
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WyomingWY Stat ch 1343Only the governor 4Only the governor4None4No 20No explicit authority for Governor to change statute or regulations20
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ConnecticutCT Gen Stat § 28-9 (2012) § 19a-131a (2013)https://yankeeinstitute.org/2020/09/15/gov-lamonts-emergency-powers-challenged-in-court/Analysis of civil preparedness emergency and public health emergency, not supply emergency (§ 42-231) 41Only the governor, but a joint committee may "disapprove and nullify" within 3 days12Governor or a joint legislative resolution at any time126 months"EO effective up to 6 months unless sooner revoked" § 28-9(b)(1) 66 months"6 months unless sooner revoked § 28-9(b)(1)"4Governor may modify or suspend any statute or regulation
§ 28-9(b)(1)
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HawaiiHI Rev Stat § 127A, 12841Only the governor 4Only the governorHaw. Rev. Stat. Ann. § 127A-14460 days10No 20Governor may modify or suspend any statute or regulation6
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North CarolinaNC Gen Stat §166AWritings by Jon Guze, Director of Legal Studies, John Locke FoundationBroader powers more commonly found in other states require "concurrence of the Council of State" under the NC Emergency Mangement Act (166A-19.30(b)) although Gov. Roy Cooper has cited subsection (c) since late March 2020, which does not mention COS, but allows the governor to “impose by declaration prohibitions and restrictions in the emergency area … if he “determines that local control of the emergency is insufficient to assure adequate protection for lives and property.” This current use of the law shows that the COS concurrence in subsection (b) is not an effective requirement. 41Either the governor or the legislature10Only the body that issued the declaration
"shall expire when it is rescinded by the authority that issued it." 19-20(c)
8None4No 20Governor may create new regulations and impose prohibitions on localities related to the emergency19.30(c) gives governor authority to "impose by declaration prohibitions and restrictions" on localities if he "determines that local control of the emergency is insufficient to assure adequate protection for lives and property"2
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OhioOH 3701.13Example order from Ohio director of Health, November 19, 2020"Public health emergency" analyzed since it grants broadest powers to executive branch via OH public health director: "The department may make special or standing orders or rules for preventing the use of fluoroscopes for nonmedical purposes that emit doses of radiation likely to be harmful to any person, for preventing the spread of contagious or infectious diseases"41Only the governor 4Only the governor or public health directorExecutive Order 2020-01D4None4No 20Governor may request to suspend some administrative rulesORC 125.06118
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WashingtonRCW ch 43.06.22041Only the governor 4Only the governor4None for state of emergency. 30 day limit for certain executive orders which suspend statute.8No 20Governor may suspend any law or regulation related to the emergency that does not interfere with First Amendment rights to speech or assembly, or with prequisite conditions for federal funds10
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Nebraska
Neb. Rev. Stat. Ann. § 81-829.40
40Only the governor 4Governor or a joint legislative resolution at any time12None4No 20Governor may suspend any statute or regulation related to the emergency8
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North DakotaND Cent Code 37-1740Only the governor 4Governor or a joint legislative resolution at any timeN.D. Cent. Code Ann. § 37-17.1-0512None4No 20Governor may suspend any statute or regulation related to the emergency8
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ArizonaAZ Rev State § 26-303"State of emergency" chosen for analysis, NOT "state of war emergency"39Only the governor 4Governor or a concurrent legislative resolution at any time12None4No 20Governor may modify or suspend any statute or regulation 6
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Vermont20 VSA31Only the governor 4Only the governor§ 134None4180 days for executive orders regarding energy transmission & environment4No explicit authority for Governor to change statute or regulations20
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