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StaterankLaw
Resources
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State of Emergency declared by
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State of Emergency terminated by
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Time Limit on State of Emergency Declarations
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Powers continued after termination
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Authority to alter statutes or regulations
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2
South Carolina
1
§ 25-1-440
South 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
83
Only the governor, but the legislature must concur within 15 days
14
Governor or a joint legislative resolution at any time
1215 days20No 20
Governor may amend regulations, but cannot modify or remove statute
16
3
Kansas2
KS Stat § 48
81
Only the governor. No emergency may continue longer than 15 days unless ratified by concurrent resolution. Governor may make specific application to legislative coordinating council for 30-day extensions with an affirmative vote of 5 of 8 members.
20
Governor or a joint legislative resolution at any time
1230 Days16No 20
Governor may suspend any statute or regulation related to the emergency. "Governor may not order the closure or cessation of any business or commercial activity, whether for-profit or not-for-profit, for more than 15 days"
§ 48-925 & 925a
10
4
MinnesotaT3
MN Stat § 12.31
Analysis of peacetime emergency, not war emergency
76
Only the governor, but the executive council must approve first extension after 5 days. Governor must call legislature to session for extension past 30 days
14
Governor or a joint legislative resolution at any time
12.31 sub 2(b)
1230 days16No 20
Governor may create new or amend regulations, but cannot modify or remove statute
14
5
New Hampshire
T3
Section 4.45
76
Either the governor or the legislature
10
Governor, or "legislature may terminate a state of emergency or any emergency order issued thereunder by a majority vote of both the senate and the house of representatives”
1621 Days18No 20
Governor may amend or create new regulations, but cannot modify or remove statute
14
6
UtahT5
Utah Code 53-2a-204
73
Only the governor, but the legislature must concur within 30 days
14
Governor or a joint legislative resolution at any time
53-2a-2061430 days16No 20
Governor may suspend any law or regulation related to the emergency
§ 53-2a-209
8
7
MontanaT5
MT 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
73
Only governor may declare, but legislature must concur after 30 days, unless declared by POTUS
12
Governor, or legislature may by joint resolution in regular or special session vote to terminate emergency, provide conditions or limits on governor’s actions, or approve/disapprove continuation of any executive order/proclamation/regulation enacted based on emergency
MT Code § 10-3-104
1645 days16No 20
Governor may suspend any statute or regulation related to the emergency. “Governor may not suspend a statute that affects the exercise of an individual's constitutional rights under the US constitution or Montana constitution... even if the statute is otherwise considered a regulatory statute”
10
8
AlaskaT8AS 26.23
"Disaster emergency" chosen for analysis, more strict
71
Only the governor, but the legislature must approve extensions
14
Governor or a joint legislative resolution at any time
1230 days
AS 26.23.020(c)
16No 20
Governor may suspend any statute or regulation related to the emergency
8
9
MichiganT8
Emergency Management Act of 1976 (EMA)
MI Supreme Court struck down 1945 EPGA in October 2020
71
Only the governor, but the legislature must approve of extensions
14
Governor or legislature by denying extension
30.403(3)1428 days16No 20
Governor may modify or suspend any statute or regulation
6
10
GeorgiaT8
O.C.G.A. 38-3-51 (2010)
71
Only the governor, but must call legislature to special session in 2 days for a vote on concurrence or termination
14
Governor or a joint legislative resolution at any time
1230 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)
20
Governor may suspend any statute or regulation related to the emergency
8
11
Pennsylvania9
Stat of PA Title 35 ch 73
69Only the governor 4
Governor, or legislature if extension denied. Gov may not issue new emergency declaration based on similar circumstances without concurrent resolution.
35 Pa. Stat. and Consol. Stat. Ann. § 7301
2021 Days20No 20
Governor may suspend any statute or regulation related to the emergency
8
12
Kentucky10
KRS § 39A
2021 bill (SB1)
67Only the governor 4
Governor or a joint legislative resolution at any time. Executive orders issued by the Governor which restrict gatherings, enforce quarantine/isolation limited to 30 days unless an extension is approved by the General Assembly. Governor is prohibited from issuing a new executive order relating to the same emergency without the approval of the General Assembly
1430 Days
"Amend KRS 39A.090 to limit the effective dates of executive orders issued by the Governor to 30 days unless an extension is approved by the General Assembly, and prohibit the Governor from issuing a new executive order relating to the same emergency without the approval of the General Assembly"
16No 20
No explicit authority for Governor to change statute or regulations
20
13
ArkansasT12
Ark Code 12-75: Arkansas Emergency Services Act of 1973
66
Only the governor. House and Senate shall convene within 8 days of declaration of public health emergency to debate and vote on concurrent resolution.
14
Governor or a concurrent legislative resolution at any time. Legislative Council may deny Governor's request for extension at 60 days. If gov requests renewal of more than one executive order, Legislative Council may consider each individually. Each executive order under public health disaster emergency is subject to termination by Legislative Council
1460 days10No 20
Governor may suspend any statute or regulation related to the emergency. Legislative Council may reject Health Board directives restricting individual commerce/travel anytime
10
14
North Carolina
T12
NC Gen Stat §166A
Budget bill that amended emergency law (pg 440)
66
Either the governor or the legislature
10
Council of State unless approved after 30 days, and General Assembly unless approved after 60 days.
"shall expire when it is rescinded by the authority that issued it." 19-20(c)
1830 Days16No 20
Governor may create new regulations and impose prohibitions on localities related to the emergency
19.30(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
15
Idaho13
ID Code § 46
63Only the governor 4
Governor or a joint legislative resolution at any time
1230 days
§ 46-1008
16No 20
Governor may amend regulations, but cannot modify or remove statute
§ 46-1008
16
16
New MexicoT15
N.M. Stat. Ann. § 12-10A-5
60Only the governor 4Only the governor430 days16No 20
No explicit authority for Governor to change statute or regulations
20
17
WisconsinT15
WI Stat 232
60
Only the governor, but the legislature must concur after 60 days
14
Governor or a joint legislative resolution at any time
1260 days1060 days
definition of "disaster period"
8
Governor may amend regulations, but cannot modify or remove statute
16
18
ColoradoT23
CO Rev Stat § 24-33.5-704
57Only the governor 4
Governor or a joint legislative resolution at any time
CO ST § 24-33.5-704
1230 days16No 20
Governor may suspend any statute or regulation related to the emergency
8
19
IndianaT23
IC 10-14-3
Analysis of "state of disaster emergency" not "energy emergency"
57Only the governor. 4
Governor or a joint legislative resolution at any time. General assembly may convene in an emergency session if the legislative council adopts a resolution making certain findings concerning a state of emergency declared by the governor.
IC 10-14-3-12
1230 days16No 20
Governor may suspend any statute or regulation related to the emergency
IC 10-14-3-12
8
20
IowaT23
IA Code 29C
Analysis of "disaster emergency" not a "state of public disorder"
57Only the governor 4
Governor or a joint legislative resolution at any time. If legislature is not in session, Legislative Council may rescind emergency with majority vote
IA Code Sec 29C.3
1230 days16No 20
Governor may suspend any statute or regulation related to the emergency
§ 29C.68
21
LouisianaT23
LRS 29-724
Pelican institute report
State supreme court so far has affirmed legislative authority to end state of emergency, sent case back to district court 12/21/20
57Only the governor 4
Legislative resolution of either House or Senate at any time
La. Stat. Ann. § 29:724.
1630 Days165 days
LRS 14-329.6
16
Governor may suspend any statute or regulation related to the emergency
8
22
NevadaT23
NRS 414.070
57
Either the governor or the legislature
10
Governor or a joint legislative resolution at any time
Nev. Rev. Stat. Ann. § 414.070
12None4No 20
No explicit authority for Governor to change statute or regulations
20
23
Rhode IslandT23
RI Gen L § 30-15-9
RI Freedom Center on Emergency powers
57Only the governor 4
Governor or a joint legislative resolution at any time
30 R.I. Gen. Laws Ann. § 30-15-9
1230 days16No 20
Governor may suspend any statute or regulation related to the emergency
8
24
TexasT23
TX Code Ch 418
57Only the governor 4
Governor or a joint legislative resolution at any time
1230 days16No 20
Governor may suspend any law or regulation related to the emergency
8
25
Maryland24
Maryland Code Title 14 (§ 14-107)
56Only the governor 4
Governor or a joint legislative resolution at any time
MD PUBLIC SAFETY § 14-107
1230 Days§ 14-10716No 20
Governor may modify or suspend any statute or regulation
6
26
Ohio25
OH 3701.13
Enrolled bill
"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"
54Only the governor 4
Governor, or Legislature by concurrent resolution after 30 days. General assembly may rescind, in whole or in part, health dept actions to prevent spread of a contagious disease via concurrent resolution. Dept shall not reissue substantially similar action to that which was rescinded by legislature
1490 Days8No 20
Governor may request to suspend some administrative rules
ORC 125.061
18
27
Alabama26
AL Code 31-9-8
53
Either the governor or the legislature
10Time limit only860 Days
terminated after 60 days of latest proclamation/resolution
10No 20
Governor may suspend any statute or regulation
6
28
MaineT28
MRS 37-B
51Only the governor 4
Governor or a joint legislative resolution at any time
37B Sec. 743
1230 Days16
30 days during COVID-19 era
37-B S742(1)(C)(13)
12
Governor may suspend any statute or regulation related to the emergency
8
29
MississippiT28
MS Code 33-15
Analysis of "state of war emergency" may be terminated by Legislature via concurrent resolution
51Only the governor 4Only the governor
MS Code § 33-15-11
430 days16No 20
Governor may suspend any statute or regulation related to the emergency
35-15-11 (c)
8
30
IllinoisT31
20 ILCS 3305
50Only the governor 4Only the governor
20 ILCS 3305/7
430 days16No 20
Governor may modify or suspend any statute or regulation
6
31
New JerseyT31
N.J.S.A. 26:13-3 and N.J.S.A. App. A:9-34
http://ready.nj.gov/about-us/state-of-emergency.shtml
50Only the governor 4Only the governor430 days
NJSA 26:13-3
16No 20
Governor may modify or suspend any statute or regulation
6
32
FloridaT31
Title XVII Ch. 252
50Only the governor 4
Legislature may terminate any order, rule, or emergency declaration at any time by passage of concurrent resolution
FL Stat 252.36
1460 days10No
"Schools and businesses must remain open to the greatest extent practicable"
20
Governor may suspend any statute or regulation related to the emergency. "Schools and businesses must remain open to the greatest extent practicable."
§ 252.36(4)(a)
8
33
Massachusetts
T35
"Civil Defense Act" aka Chapter 639 of the Acts of 1950
Mass SJC decision on powers under CDA
Gov. 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 4
Governor or a joint legislative resolution at any time
Chapter 639 of the Acts of 1950, § 22
12None4No 20
No 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."
20
34
MissouriT35
MO Rev Stat § 44.100
49
Either the governor or the legislature
10
Governor or a joint legislative resolution at any time
§ 44.10012None4No 20
Governor may suspend any statute or regulation related to the emergency
8
35
OklahomaT35
Oklahoma Emergency Management Act of 2003 (63 O.S.)
49
Either the governor or the legislature
10
Governor or a joint legislative resolution at any time
§ 683.912None4No 20
Governor may suspend any statute or regulation related to the emergency
§ 64038
36
West VirginiaT35
WV Code S15-5-6
49
Either the governor or the legislature
10
Governor or a joint legislative resolution at any time
12None4No 20
Governor may suspend any law or regulation related to the emergency
8
37
California36
CA Gov Code 2-7: California Emergency Services Act
emergency defined
47Only the governor 4
Governor 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" statute
10No
S 8567(b)
20
Governor may modify any statute or "make, amend, or rescind" regulations
§ 8657 & 8571
6
38
New YorkT38
N.Y. Exec. Law § 29-a (McKinney)
46Only the governor 4
Governor or a joint legislative resolution at any time. Legislature may alter/terminate specific orders with joint resolution
166 months2b-286No 20
Governor may modify or suspend any statute or regulation related to the emergency
NY Exec L § 29-A (2015)
8
39
OregonT38ORS 40146Only the governor 4
Governor or a joint legislative resolution at any time
Or. Rev. Stat. Ann. § 401.192
12None4No 20
Governor may amend regulations, but cannot modify or remove statute
ORS 401.168
16
40
DelawareT42
20 DE Code Title 30, ch. 31
43Only the governor 4Only the governor430 days1660 days
§ 3101(2) -- definition of "emergency period"
8
Governor may suspend any statute or regulation related to the emergency
§ 31168
41
TennesseeT42
TN Code 58-2-107
43Only the governor 4Only the governor460 days10No 20
Governor may suspend any law or regulation related to the emergency
8
42
VirginiaT42
VA Code § 44-146
43Only the governor 4Only the governor4
None. Must lapse June 30 but may be renewed
4No 20
No explicit authority for Governor to change statute or regulations
20
43
WyomingT42
WY Stat ch 13
43Only the governor 4Only the governor4None4No 20
No explicit authority for Governor to change statute or regulations
20
44
South DakotaT43SD Codified L 34-48A-543Only the governor 4
Only the governor, otherwise by time limit
46 months6No 20
Governor may amend regulations, but cannot modify or remove statute
16
45
WashingtonT48
RCW ch 43.06.220
41Only the governor 4Only the governor4
None for state of emergency. 30 day limit for certain executive orders which suspend statute.
8No 20
Governor 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 funds.
10
46
ConnecticutT45
CT Gen Stat § 28-9 (2012) § 19a-131a (2013)
Analysis of civil preparedness emergency and public health emergency, not supply emergency (§ 42-231)
41
Only the governor, but a joint committee may "disapprove and nullify" within 3 days
12
Governor or a joint legislative resolution at any time
126 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)"
4
Governor may modify or suspend any statute or regulation
§ 28-9(b)(1)
6
47
HawaiiT45
HI Rev Stat § 127A, 128
41Only the governor 4Only the governor
Haw. Rev. Stat. Ann. § 127A-14
460 days10No 20
Governor may modify or suspend any statute or regulation
6
48
NebraskaT47
Neb. Rev. Stat. Ann. § 81-829.40
40Only the governor 4
Governor or a joint legislative resolution at any time
12None4No 20
Governor may suspend any statute or regulation related to the emergency
8
49
North DakotaT47
ND Cent Code 37-17
40Only the governor 4
Governor or a joint legislative resolution at any time
N.D. Cent. Code Ann. § 37-17.1-05
12None4No 20
Governor may suspend any statute or regulation related to the emergency
8
50
Arizona49
AZ Rev State § 26-303
"State of emergency" chosen for analysis, NOT "state of war emergency"
39Only the governor 4
Governor or a concurrent legislative resolution at any time
12None4No 20
Governor may modify or suspend any statute or regulation
6
51
Vermont5020 VSA31Only the governor 4Only the governor20 VSA § 134None4
180 days for executive orders regarding energy transmission & environment
4
No explicit authority for Governor to change statute or regulations
20
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