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Related Topic: About State Legislatures

Statutes that Expressly Authorize Legislatures to Declare a State of Emergency

At least seven states have laws that expressly authorize legislatures, rather than only the governor, to declare a state of emergency, as follows:

Alabama

"The existence of a state of emergency may be proclaimed by the Governor as provided in this subsection or by joint resolution of the Legislature if the Governor in the proclamation or the Legislature in the resolution finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural disaster of major proportions or a public health emergency has occurred or is reasonably anticipated in the immediate future within this state and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section.” Ala. Code § 31-9-8

Missouri

“The existence of an emergency may be proclaimed by the governor or by resolution of the legislature, if the governor in his proclamation, or the legislature in its resolution, finds that a natural or man-made disaster of major proportions has actually occurred within this state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section; Mo. Rev. Stat § 44.100

New Hampshire

“The general court shall have the same power [as the governor] to declare a state of emergency by concurrent resolution of the house and senate.” NH RSA § 4:45

North Carolina

“Declaration. – A state of emergency may be declared by the Governor or by a resolution of the General Assembly, if either of these finds that an emergency exists.” N.C. Gen. Stat. § 166A-19.20

Oklahoma

“The provisions of this section shall be operative only during the existence of a natural or man-made emergency. The existence of such emergency may be proclaimed by the Governor or by concurrent resolution of the Legislature if the Governor in such proclamation, or the Legislature in such resolution, finds that an emergency or disaster has occurred or is anticipated in the immediate future.” 63 O.S. § 683.9

West Virginia

“The existence of a state of emergency or state of preparedness may be proclaimed by the Governor or by concurrent resolution of the Legislature if the Governor in the proclamation, or the Legislature in the resolution, finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural or man-made disaster of major proportions has actually occurred or is imminent within the state, or that an emergency exists or may be imminent due to a large-scale threat beyond local control, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section.” W.V. Code § 15-5-6

Statutes and Constitutional Provisions Defining the Legislature’s Role in Acting as a Check on Emergency Powers of Governors

Alabama

The legislature may declare a state of emergency by joint resolution. Additionally, the lieutenant governor or the speaker of the House may request in writing that the governor call the Legislature into special session. Ala. Code § 31-9-8.

Alaska

A state of emergency declared as a result of an actual enemy or terrorist attack in or against the state, or credible threat thereof, may not remain in effect longer than 30 days unless extended by the legislature by law and may be terminated by law or withdrawal of the declaration. Alaska Stat. § 26.20.040(b)

A proclamation of disaster emergency may not remain in effect longer than 30 days unless extended by the legislature by a concurrent resolution. The governor may expend state funds to cope with a disaster under the following circumstances: (1) if the legislature is in session, the legislature approves a financing plan; or (2) if the legislature is not in session, either (A) the governor convenes a special session of the legislature within five days after declaring the condition of disaster emergency or within five days after providing a financing plan and the legislature convenes in special session and approves a financing plan; or (B) the presiding officers of both the house of representatives and the senate agree that a special session should not be convened and so advise the governor in writing. Alaska Stat. § 26.23.020

When the governor declares a condition of disaster emergency...the governor shall prepare and deliver to the presiding officers of the legislature and to the persons who chair the finance committees in each house of the legislature a financing plan…Notwithstanding any other provision of this chapter, if the declaration of a disaster emergency occurs while the legislature is in session or if a special session is held, actions taken by the governor under this chapter after the close of the session that are not ratified by law adopted during that session are void. (c) The legislature may terminate a disaster emergency at any time by law. Alaska Stat. § 26.23.025

Requires the office of management and budget to submit electronically, on the first day of the month, a report to the legislative finance division that lists the total expenditures incurred by the state in its response to the public health disaster emergency, including mitigating, preventing, and controlling novel coronavirus disease (COVID-19). CH. 2 SLA 21 (2021 H.B. 76)

Arizona

The powers granted the governor with respect to a state of war emergency shall terminate if the legislature is not in session and the governor, within 24 hours after the beginning of such state of war emergency, has not issued a call for an immediate special session of the legislature for the purpose of legislating on subjects relating to such state of war emergency. The powers granted the governor by this chapter with respect to a non-state of war emergency shall terminate by proclamation of the governor or by concurrent resolution of the legislature declaring it at an end. Ariz. Rev. Stat. § 26-303

Arkansas

The General Assembly, by concurrent resolution, may terminate a state of disaster emergency at any time. Provides that the House and Senate may convene at any time to consider ending a governor's emergency declaration. The General Assembly by concurrent resolution may terminate a state of disaster emergency. If the governor vetoes the concurrent resolution, the General Assembly may vote on a repassage of the concurrent resolution overriding the Governor. Requires that related executive orders must be submitted to the legislative council for review. The emergency orders shall be renewed unless the legislative council votes to deny it. Ark. Code § 12-75-107.

California

State of war emergency powers terminate when the governor has not, within 30 days after the beginning of such state of war emergency, issued a call for a special session of the Legislature for the purpose of legislating on subjects relating to such state of war emergency, except when the Legislature is already convened with power to legislate on such subjects. Calif. Govt. Code § 8624

Non-war emergency may be terminated by concurrent resolution of the legislature declaring it at an end. Calif. Govt. Code § 8629

Colorado

The general assembly, by joint resolution, may terminate a state of disaster emergency at any time. Colo. Rev. Stat. § 24-33.5-704(4). Requires the Executive Committee of the Legislative Council and the Joint Budget Committee to meet with the Governor at specified dates following the declaration of a disaster emergency by the Governor. Colo. Rev. Stat. § 2-3-1801. Establishes oversight requirements regarding disaster spending and requires the Office of State Planning and Budgeting (OSPB) to submit a regular report on the use of the Disaster Emergency Fund to the Joint Budget Committee (JBC) and post the report on its website. Colo. Rev. Stat. § 24-33.5-706. OSPB must also submit to the JBC and post on its website a report on the use of federal funds associated with a disaster. Colo. Rev. Stat. § 24-33.5-717. Requires the Office of the State Auditor to conduct a performance audit of the fund covering the past two fiscal years. Colo. Rev. Stat. § 24-76-104.

Connecticut

Any proclamation of the governor regarding a civil preparedness emergency may be disapproved by majority vote of a joint legislative committee consisting of the president pro tempore of the Senate, the speaker of the House of Representatives and the majority and minority leaders of both houses of the General Assembly, provided at least one of the minority leaders votes for such disapproval. Such disapproval shall not be effective unless filed with the Secretary of the State not later than seventy-two hours after the filing of the Governor's proclamation with the Secretary of the State. As soon as possible after such proclamation, if the General Assembly is not then in session, the Governor shall meet with the president pro tempore of the Senate, the speaker of the House of Representatives, and the majority and minority leaders of both houses of the General Assembly and shall confer with them on the advisability of calling a special session of the General Assembly. Conn. Gen. Stat. § 28-9 (see also 2021 CT H.B. 5653)

Delaware

No relevant provisions found. Statute addressing emergency executive authority is located at Del. Code tit. 20, § 3116.

District of Columbia

Emergency executive orders issued by the Mayor shall be effective for no more than 15 calendar days from the day it is signed by the Mayor. Such orders may be extended for up to an additional 15-day period, only upon request by the Mayor of, and the adoption of, an emergency act by the Council of the District of Columbia. Section c-1 of this statute grants a unique 90-day extension specific to the COVID-19 public health emergency. DC Code § 7-2306 (temp) (expires 4/3/22). Permanent version: DC Code § 7-2306.

Florida

At any time, the legislature, by concurrent resolution, may terminate a state of emergency or any specific order, proclamation, or rule thereunder. Upon such concurrent resolution, the Governor shall issue an executive order or proclamation consistent with the concurrent resolution. An executive order, a proclamation, or a rule must be limited to a duration of not more than 60 days and may be renewed as necessary during the duration of the emergency. If renewed, the order, proclamation, or rule must specifically state which provisions are being renewed. Fla. Stat. § 252.36.

Georgia

As a condition precedent to declaring that a state of emergency or disaster exists as a result of a public health emergency, the governor shall issue a call for a special session of the General Assembly... which session shall convene at 8:00 A.M. on the second day following the date of such declaration for the purpose of concurring with or terminating the public health emergency. Ga. Code § 38-3-51.

Guam

By a majority vote, the legislature may terminate a declaration of a state of public health emergency at any time from the date of original declaration upon finding that the occurrence of an illness or health condition that caused the emergency does not or no longer poses a high probability of a large number of deaths in the affected population, a large number of incidents of serious permanent or long-term disability in the affected population or a significant risk of substantial future harm to a large number of people in the affected population. Such a termination shall override any renewal by the governor. 10 G.C.A. § 19405.

Hawaii

The governor or mayor shall be the sole judge of the existence of the danger, threat, or circumstances giving rise to a declaration of a state of emergency in the State or a local state of emergency in the county, as applicable. Haw. Rev. Stat. § 127A-14.

Idaho The legislature by concurrent resolution may terminate a state of disaster emergency at any time. During any state of disaster emergency, the governor may not alter, adjust, or create any provision of the Idaho Code. Idaho Code § 46-1008(2).

Illinois No relevant provisions found. Statute addressing emergency executive authority is located at 20 ILCS 3305/7.

Indiana The general assembly, by concurrent resolution, may terminate a state of disaster emergency at any time. Ind. Code § 10-14-3-12.

Iowa The general assembly may, by concurrent resolution, rescind a proclamation of a state of public disorder emergency. If the general assembly is not in session, the legislative council may, by a majority vote, rescind this proclamation. Rescission shall be effective upon filing of the concurrent resolution or resolution of the legislative council with the secretary of state. Iowa Code § 29C.3. A virtually identical provision exists for disaster emergency proclamations, located at Iowa Code § 29C.6.

Kansas

No state of disaster emergency may continue for longer than 15 days unless ratified by concurrent resolution of the legislature, with the single exception that upon specific application by the governor to the legislative coordinating council and an affirmative vote of five of the members thereof, a state of disaster emergency may be extended for specified periods not to exceed 30 days each.

If the state of disaster emergency is proclaimed, the governor shall terminate the state of disaster emergency by proclamation within 15 days, unless ratified by concurrent resolution of the legislature, except that when the legislature is not in session and upon specific application by the governor to the legislative coordinating council and an affirmative vote of five members thereof, a state of disaster emergency may be extended for a specified period not to exceed 30 days. The legislative coordinating council may authorize additional extensions of the state of disaster emergency by an affirmative vote of five members thereof for specified periods not to exceed 30 days each. Such state of disaster emergency shall be terminated on the 15th day of the next regular legislative session following the initial date of the state of disaster emergency unless ratified by concurrent resolution of the legislature.

At any time, the legislature by concurrent resolution may require the governor to terminate a state of disaster emergency. Kan. Stat. § 48-924.

Kentucky

Establishes oversight powers for a legislative committee to exercise over emergency administrative regulations and defines “legislative committee” as an interim joint committee, a House or Senate standing committee, a statutory committee, or a subcommittee of the Legislative Research Commission. KRS § 13A.010; KRS § 13A.190

Louisiana

The legislature, by petition signed by a majority of the surviving members of either house, may terminate a state of disaster or emergency at any time. This petition terminating the state of emergency or disaster may establish a period during which no other declaration of emergency or disaster may be issued. Thereupon, the governor shall issue an executive order or proclamation ending the state of disaster or emergency. La. Stat. § 29:724 Maine No state of emergency may continue for longer than 30 days unless renewed by the Governor. The Legislature, by joint resolution, may terminate a state of emergency at anytime. Thereupon, the Governor shall issue an executive proclamation ending the state of emergency. Me. Rev. Stat. tit. 37-B, § 743.

Maryland

The General Assembly by joint resolution may terminate a state of emergency at any time. After the General Assembly terminates a state of emergency, the governor shall issue an executive order or proclamation that terminates the state of emergency. Md. Pub. Safety § 14-107.

Massachusetts

No relevant provisions found. Emergency response statutes may be found in Chapter 639 of the Acts of 1950: Chapter 639 of the Acts of 1950: Civil Defense Act (MEMA law)

Michigan

Allows the governor to declare emergencies; emergencies cannot extend longer than 28 days without legislative approval. MCL 30.403

(Statute addressing emergency executive authority, MCL § 10.31 repealed by Initiative Petition, 7/21/2021)

Minnesota

For wartime emergencies: If the legislature is not in regular session, the governor, concurrently with the proclamation declaring the emergency issues, shall immediately call for a convening of both houses of the legislature. Otherwise, the governor may exercise emergency powers for a period not to exceed 30 days. For peacetime emergencies: the governor must immediately notify the majority and minority leaders of the senate and the speaker and majority and minority leaders of the house of representatives. A peacetime emergency must not be continued for more than five days unless extended by resolution of the Executive Council up to 30 days. An order, or proclamation declaring, continuing, or terminating an emergency must be given prompt and general publicity and filed with the secretary of state. Minn. Stat. § 12.31

Mississippi

No relevant provisions found. Statute addressing emergency executive authority is located at Miss. Code § 33-15-11.

Missouri Any emergency shall terminate upon the proclamation thereof by the governor, or the passage by the legislature, of a resolution terminating such emergency. Mo. Rev. Stat. Ann. § 44.100

Montana

A state of disaster may be declared by the governor when the governor determines that a disaster, as defined in 10-3-103, has occurred. The governor may not declare another state of emergency or disaster based on the same or substantially similar facts and circumstances without legislative approval. A state of emergency or disaster may not continue for longer than 45 days unless continuing conditions of the state of emergency or disaster exist, which must be determined through a poll of the legislature as provided in 10-3-122 or by the declaration of the legislature by joint resolution of continuing conditions of the state of emergency or disaster. A state of emergency or disaster may continue for a drought, an earthquake, flooding, or a wildfire as long as continuing conditions of the state of emergency or disaster exist unless terminated by the declaration of the legislature by joint resolution of termination of the state of emergency or disaster. The governor shall terminate a state of emergency or disaster when: ….at any time the legislature terminates the state of emergency or disaster by joint resolution. However, after termination of the state of emergency or disaster, disaster and emergency services required as a result of the emergency or disaster may continue. The legislature may, by joint resolution in a regular or special session: terminate a state of emergency or disaster, extend a state of disaster; provide conditions or limits on the governor's actions taken pursuant to 10-3-104; and approve or disapprove the continuation of any executive order, proclamation, or regulation that was enacted based on a state of emergency or disaster. Mont. Code Ann. § 10-3-303

A proclamation [of emergency] is ineffectual unless the legislature is then in session or the governor simultaneously issues an order convening the legislature in special session within 45 days. Mont. Code Ann. § 10-3-505.

If a majority of the legislators fail to approve the call for a special session within 30 days after the secretary of state mails the ballots or notifies each legislator, all ballots are void and may not be used again. When the purpose of the special session is to consider an existing state of emergency or disaster declared under the authority of 10-3-303, if a majority of the legislators fail to approve the call for a special session within 7 calendar days after the secretary of state sends the ballots or notifies each legislator pursuant to 5-3-106(2), all ballots are void and may not be used again. If a poll is not approved, the entire process must be repeated to call the legislature into special session. Mont Code Ann. § 5-3-108

Nebraska

The Legislature by resolution may terminate a state of emergency proclamation at any time, whereupon the governor shall terminate the proclamation by letter of notice to such agency, the Secretary of State, and the clerks of the local governments in the area to which it applies. Neb. Rev. Stat. § 81-829.40

Nevada

Any such emergency or disaster terminates upon the proclamation of the termination thereof by the governor, or the passage by the Legislature of a resolution terminating the emergency or disaster. During the period when a state of emergency or declaration of disaster exists or continues, the Governor may exercise specified additional powers. Nev. Rev. Stat. § 414.070

New Hampshire

The governor shall have the power to declare a state of emergency. As soon as practicable, the governor shall notify the speaker of the house of representatives and the senate president of the impending issuance of emergency orders under this section and provide a description of such orders. The general court shall have the same power to declare a state of emergency by concurrent resolution of the house and senate. The 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. A majority for this vote shall consist of a majority of members present and voting in each chamber acting separately. A state of emergency shall terminate upon a majority vote of both chambers under this subparagraph; provided, however, that such vote shall not preclude the governor from declaring a new emergency for different circumstances under paragraph I of this section. Ninety days from the date of declaration of a state of emergency, and every 90 days thereafter, the governor shall call and address a joint session of the general court, and shall provide a written copy of the address to all members of both chambers within five business days. At such joint session, the legislature shall vote on whether to terminate the state of emergency by concurrent resolution adopted by a simple majority of both chambers acting separately. N.H. Rev. Stat. § 4:45

New Jersey

No relevant provisions found. Statutes addressing emergency executive authority are located at N.J.S.A. 26:13-3 and N.J.S.A. App. A:9-34.

New Mexico

In addition to the powers herein enumerated, the legislature shall have all powers necessary to the legislature of a free state, including the power to enact reasonable and appropriate laws to guarantee the continuity and effective operation of state and local government by providing emergency procedure for use only during periods of disaster emergency. A disaster emergency is defined as a period when damage or injury to persons or property in this state, caused by enemy attack, is of such magnitude that a state of martial law is declared to exist in the state, and a disaster emergency is declared by the chief executive officer of the United States and the chief executive officer of this state, and the legislature has not declared by joint resolution that the disaster emergency is ended. Upon the declaration of a disaster emergency the chief executive of the state shall within seven days call a special session of the legislature which shall remain in continuous session during the disaster emergency, and may recess from time to time for [not] more than three days. N.M. Const. Art. IV, § 2

Statute addressing emergency executive authority is located at N.M. Stat. Ann. § 12-10A-5.

New York

The legislature may terminate by concurrent resolution executive orders issued under this section at any time. NY Exec. Law § 28(5)

North Carolina

A state of emergency may be declared by the Governor or by a resolution of the General Assembly, if either of these finds that an emergency exists. A state of emergency declared shall expire when rescinded by the authority that issued it (legislative or gubernatorial). N.C. Gen. Stat. § 166A-19.20

North Dakota

If a state of disaster or emergency relating to public health is declared and in effect and the legislative assembly is not in session, the legislative management may meet to vote on whether the legislative management should request the governor call a special session of the legislative assembly. If the governor does not call a special session within seven days after the legislative management sends a request to the governor, the declared state of disaster or emergency relating to public health terminates thirty days after the request from the legislative management was sent to the governor. If the governor calls a special session within seven days after the request from the legislative management was sent, the special session must be held within fifteen days of the governor's call for a special session. If the legislative assembly meets to address a declared state of disaster or emergency, the legislative assembly by concurrent resolution may terminate, extend, or modify the state of disaster or emergency.

The legislative assembly by concurrent resolution may terminate a state of disaster or emergency at any time.

All executive orders or proclamations issued under this subsection must indicate the nature of the disaster or emergency, the area or areas threatened, the conditions that have brought it about or which make possible termination of the state of disaster or emergency. An executive order or proclamation must be disseminated promptly by means calculated to bring its contents to the attention of the general public, unless the circumstances attendant upon the disaster or emergency prevent or impede such dissemination, and it must be filed promptly with the department of emergency services, the legislative council, the secretary of state, and the county or city auditor of the jurisdictions affected. N.D. Cent. Code § 37-17.1-05.

Ohio

Authorizes the general assembly, by continuing resolution, to extend, terminate, approve the continuation of, or disapprove the continuation of a state of emergency. The general assembly may also rescind orders and rules adopted during a state of emergency, in whole or in part, by continuing resolution. Ohio Rev. Code § 107.43

Establishes a health oversight and advisory committee composed of three members of each legislative chamber that has the power to oversee actions taken by the governor, department of health, or any other agency during a state of emergency. Ohio Rev. Code § 103.65

Oklahoma

If the Governor declares a catastrophic health emergency, the State Legislature shall automatically be called into Special Session at 8:00 a.m. on the morning of the second day following the date of such declaration for the purpose of concurring with or terminating the catastrophic health emergency. The State Legislature by concurrent resolution may terminate a state of catastrophic health emergency at any time. Thereupon, the Governor shall by appropriate action end the state of catastrophic health emergency. Such termination by the State Legislature shall override any renewal by the Governor. Okla. tit. 63, § 6405.

A natural or man-made emergency may be proclaimed by the governor or by concurrent resolution of the Legislature. Any such emergency, whether proclaimed by the governor or by the Legislature, shall terminate upon the proclamation of the termination thereof by the governor, or by passage by the Legislature of a concurrent resolution terminating such emergency. Okla. tit. 63, § 6405.

Oregon

Emergency powers granted to the governor shall be terminated by proclamation of the governor or by joint resolution of the Legislative Assembly. Or. Rev. Stat. § 401.192. The Governor shall terminate the state of emergency by proclamation when the emergency no longer exists, or when the threat of an emergency has passed. The state of emergency proclaimed by the Governor may be terminated at any time by joint resolution of the Legislative Assembly. Or. Rev. Stat. § 401.204.

Pennsylvania

The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time. 35 Pa. C.S. § 7301(c) Only the General Assembly may extend a disaster emergency declaration and may do so, in whole or in part, by concurrent resolution. The General Assembly shall, by statute, provide for the manner in which states of disaster emergency shall be managed. A disaster emergency declaration shall be in effect for no more than twenty-one (21) days unless otherwise extended in whole or part by concurrent resolution of the General Assembly. Upon the expiration of a disaster emergency declaration under subsection (a), the Governor may not issue a new disaster emergency declaration based upon the same or substantially similar facts and circumstances without the passage of a concurrent resolution of the General Assembly expressly approving the new disaster emergency declaration. Pa. Const. Art. III, § 20.

Puerto Rico

The Executive Orders issued by the Governor under the provisions of this chapter, to declare emergencies, shall be effective for no longer than six (6) months. The Governor may, through an Executive Order, authorize the continuation of the state of emergency for the time deemed appropriate, without exceeding the term of his/her office. Any transactions, processes, projects, works or programs started during the effective term of an Executive Order under this chapter, shall expire as provided in the process set forth in the same, regardless of the fact that the term provided in the Executive Order has expired, insofar that the Governor does not provide otherwise. During said period of time, the Legislature shall pass judgment on the content of the orders and may delimit their scope through the mechanism of the Concurrent Resolution. (Act 76-2000) Chapter 68. Special Provisions for Emergency Proceedings (§§ 1931-1945) 3 L.P.R.A. § 1942

Rhode Island

A state of emergency shall be declared by executive order or proclamation of the governor if he or she finds a disaster has occurred or that this occurrence, or the threat thereof, is imminent. The state of disaster emergency shall continue until the governor finds that the threat or danger has passed or the disaster has been dealt with to the extent that emergency conditions no longer exist and terminates the state of disaster emergency by executive order or proclamation, but no state of disaster emergency may continue for longer than thirty (30) days unless renewed by the governor. The general assembly, by concurrent resolution, may terminate a state of disaster emergency at any time.The general assembly, by concurrent resolution, may terminate a state of disaster emergency at any time. R.I. Gen. Laws § 30-15-9(b).

Nothing contained herein shall be construed to limit or restrict the power of the general assembly to appropriate any federal funds received by the state of Rhode Island pursuant to § 35-4-22.1. Powers conferred upon the governor pursuant to the provisions of subsection (e) of this section for disaster emergency response shall not exceed a period of one hundred eighty (180) days from the date of the emergency order or proclamation of a state of disaster emergency, unless and until the general assembly extends the one hundred eighty (180) day period by concurrent resolution. R.I. Gen. Laws § 30-15-9(f) and (g).

South Carolina

A declared state of emergency shall not continue for a period of more than fifteen days without the consent of the General Assembly. S.C. Code § 25-1-440(a)(2). Statute addressing emergency executive authority is located at S.C. Code § 1-3-420.

South Dakota

No relevant provisions found. Statute addressing emergency executive authority is located at S.D. Cod. Laws § 34-48A-5.

Tennessee

No relevant provisions found. Statute addressing emergency executive authority is located at Tenn. Code Ann. § 58-2-107.

Texas The legislature by law may terminate a state of disaster at any time. On termination by the legislature, the governor shall issue an executive order ending the state of disaster. Tex. Gov't Code § 418.014.

Utah

A state of emergency may not continue for longer than 30 days unless extended by a joint resolution of the legislature, which may also terminate a state of emergency by joint resolution at any time. The governor shall issue an executive order ending the state of emergency on receipt of the Legislature's resolution. Utah Code § 53-2a-206. The governor may not take executive action in response to an epidemic or pandemic disease until the governor has provided notice of the proposed action to the legislative pandemic response team no later than 24 hours before the governor issues the executive action. Utah Code § 2a-215 The legislature may at any time terminate by joint resolution: (a) an order, a rule, or a regulation made by the governor as described in Section 53-2a-209; an order, (b) an action by the governor to suspend the enforcement of a statute as described in Subsection 53-2a-209(4); or (c) an executive action as described in Section 53-2a-215. Authorizes the legislature, by joint resolution, to terminate orders of constraint or restriction issued during a public health emergency; terminate any order, rule, ordinance or action taken by a chief executive officer in response to a state of emergency in effect for more than 30 days; and extend or terminate public health emergencies. Utah Code §§ 26-6-3(3)(a), 26-6b-3(5)(a), § 26-23b-104.

Vermont

The governor, upon receiving notice that a majority of the legislative body of a municipality affected by a natural disaster no longer desires that the state of emergency continue within its municipality, shall declare the state of emergency terminated within that particular municipality. Vt. Stat. tit. 20, § 13

Virginia

The Governor shall cause copies of any order, rule, or regulation proclaimed and published by him pursuant to § 44-146.17 [relating to emergencies] to be transmitted forthwith to each member of the General Assembly. Va. Code § 44-146.17:1

Virgin Islands

No state of emergency may continue for longer than 30 days unless renewed by the governor. The governor may renew the initial state of emergency for one additional 30-day period. To extend the state of emergency beyond the two 30-day periods, before the expiration of the second 30-day period, the governor shall submit legislation to the Legislature requesting an extension of the state of emergency. The request must include the specific reasons for the extension, the time period of the extension, and a plan of action to address the conditions that necessitate the extension of the state of emergency. All subsequent requests for an extension must be submitted to the Legislature before the expiration of the extension that is in effect. The Legislature shall consider a request for an extension of the state of emergency not later than 5 days after its receipt. If the Legislature fails to consider the request within the 5-day period, the state of emergency is automatically extended for an additional 30 days. The Legislature may limit or modify the emergency powers granted to the Governor. 23 V.I.C. § 1005.

Washington

No order or orders concerning waiver or suspension of statutory obligations or limitations (during a declared emergency) may continue for longer than 30 days unless extended by the legislature through concurrent resolution. If the legislature is not in session, the waiver or suspension of statutory obligations or limitations may be extended in writing by the leadership of the senate and the house of representatives until the legislature can extend the waiver or suspension by concurrent resolution. For purposes of this section, “leadership of the senate and the house of representatives” means the majority and minority leaders of the senate and the speaker and the minority leader of the house of representatives. Wash. Rev. Code § 43.06.220

West Virginia

Any state of emergency or state of preparedness, whether proclaimed by the governor or by the Legislature, terminates upon the proclamation of the termination by the governor, or the passage by the Legislature of a concurrent resolution terminating the state of emergency or state of preparedness. W. Va. Code § 15-5-6

Wisconsin

A state of emergency shall not exceed 60 days, unless the state of emergency is extended by joint resolution of the legislature. A copy of the executive order shall be filed with the secretary of state. The executive order may be revoked at the discretion of either the governor by executive order or the legislature by joint resolution. Wis. Stat. § 323.10

Wyoming

No relevant provisions found. Statute addressing emergency executive authority is located at Wyo. Stat. § 19-13-104

Legislative chambers in at least 28 states, Guam and the Virgin Islands introduced more than 100 bills or resolutions in 2020 that would limit governors' powers or executive spending during the Covid-19 pandemic or other emergencies. Measures were enacted or adopted in 10 states: Arkansas, Colorado, Hawaii, Kansas, Kentucky, Michigan, Mississippi, Oklahoma, Pennsylvania, and Utah.

Alabama

  • S.B. 334 – Status: Failed – Provides that a state of emergency terminates after 14 days and may be extended only by joint resolution of the Legislature.

Arkansas

  • S.B. 2 – Status Enacted – (Special session) Provides that the release of any funds from the COVID-19 Rainy Day Fund require prior approval of the Speaker of the House of Representatives, majority party leader of the House, minority party leader of the House; the President Pro Tempore of the Senate; the majority party leader of the Senate and the minority party leader of the Senate.

California

  • A.B. 1857 – Status: Failed--adjourned – Amends the Emergency Services Act. Requires the governor to submit a copy of any contract executed with moneys authorized for expenditure to support a declared state of emergency to the Joint Legislative Budget Committee and members of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget with 72 hours of a contract becoming final.
  • SCR 93 – Status: Failed--adjourned – Declares that the state of emergency proclaimed by Governor Gavin Newsom on a specified date, is at an end and that the emergency powers granted to the Governor as a result of that proclamation are hereby terminated.

Colorado

  • HB 1426 – Status Enacted – Concerns legislative engagement in the management of state operations; sets forth requirements for the receipt of information from the Executive Branch during a declared disaster emergency; provides for reporting on expenditures from the Disaster Emergency Fund and the reporting of federal funds.
  • HCR 1002 – Status: Failed--adjourned – Submits to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning legislative oversight of a state of disaster emergency declared by the governor.
  • SCR 2 – Status Failed--adjourned – Submits to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning legislative oversight of a state of disaster emergency declared by the governor.
  • HB 1011 – Status: Failed—adjourned – (Special session) Concerns the means by which a state of disaster emergency declared by the governor in response to a health-related situation may be extended beyond thirty days; prohibits the governor from renewing and authorizing the general assembly to extend the state of disaster emergency.
  • HB 1013 – Status: Failed—adjourned – (Special session) Concerns limitations on emergency orders that bind or regulate the public.
  • SJR 1 – Status: Failed—adjourned – (Special session) Concerns terminating the governor's authority under the declared state of disaster emergency.
  • SCR 1 – Status: Failed—adjourned – (Special session) Submits to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning legislative oversight of a state of disaster emergency declared by the governor.
  • SB 5 – Status: Failed—adjourned – (Special session) Concerns a requirement that a state of disaster emergency declared by the governor expire after sixty days unless the general assembly extends or authorizes the governor to extend the state of disaster emergency.

Delaware

  • HB 330 – Status: Failed--adjourned – Limits the governor's authority to continue a state of emergency by requiring the General Assembly to adopt and set the time period for continuing the state of emergency, relates to the Speaker of the House of Representatives and President Pro Tempore of the Senate agreeing that it is not reasonably possible for the General Assembly to conduct a meeting and the Governor determining that it is necessary to continue the state of emergency.

Hawaii

  • SR 166 – Status: Adopted – Requests all executive branch departments and attached agencies to inform the Senate and House of Representatives when implementing their plans and procedures relating to the coronavirus pandemic.

Illinois

  • HB 5776 – Status: Failed - adjourned – Amends the Emergency Management Agency Act, provides that after an initial proclamation declaring that a disaster exists, the Governor may only extend that declaration or make further proclamations regarding the same disaster if the General Assembly passes a resolution within 5 calendar days that approves the extension or further proclamation, provides that if, due to health or safety concerns, extension may continue in effect until the General Assembly is able to convene in regular or special session.
  • SB 3987 – Status: Failed - adjourned – Emergency Management Agency Act – Amends the Emergency Management Agency Act; provides that after an initial proclamation declaring that a disaster exists, the Governor may only extend that declaration or make further proclamations regarding the same disaster if the General Assembly passes a resolution within 5 calendar days that approves the extension or further proclamation; provides that if, due to health or safety concerns, the General Assembly is unable to convene in either regular or special session to approve the extension.

Indiana

  • HCR 2 – Status: Failed – Terminates the public health emergency first declared on March 6, 2020, in Executive Order 20-02.

 

Kansas

  • HB 2054 – Status: Vetoed – (Special session) Concerns governmental responses to the coronavirus pandemic in the state; makes appropriations for the current and upcoming fiscal years; provides certain limitations and restrictions relating to business and commercial activities and local health officials; enacts the Coronavirus Response and Reopening for Business Liability Protection Act; provides immunity from civil liability for healthcare providers.
  • HCR 5025 – Status: Adopted – Ratifies and provides the continuation of the specified date for state of disaster emergency declaration. States that the Legislative Coordinating Council shall have the authority to review and revoke all orders and proclamations issued by the governor pursuant to K.S.A. 2019 Supp. 48-925(b).
  • HB 2016  – Status: Enacted – (Special session) Concerns the governmental response to the coronavirus pandemic in the state. Prohibits the governor from proclaiming any new COVID-19 related state of disaster emergency in 2020 without approval of at least six legislative members of the State Finance Committee. Also amends the Kansas Emergency Management Act relating to the powers of the governor during a disaster emergency. 

Kentucky

  • H.B. 4 – Status: Adopted – Amends the state constitution, eliminates the existing dates by which the General Assembly must adjourn in any regular session, provides that the General Assembly may extend the length of its legislative sessions by 10 days upon the vote of 3/5 of the membership of each House, with no session to extend beyond December 31.
  • S.B. 150 – Status: Enacted – Provides that the Governor shall declare, in writing, the date upon which the state of emergency in response to COVID-19, declared on March 6, 2020, by Executive Order 2020-215, has ceased. In the event no such declaration is made by the Governor on or before the first day of the next regular session of the General Assembly, the General Assembly may make the determination.

Louisiana

  • HCR 58 – Status: Failed--adjourned – Suspends certain provisions related to the governor's authority to declare an emergency, disaster, or public health emergency as it relates to the coronavirus.
  • HB 4 – Status: Vetoed  – (Special session) Relates to emergency declarations.
  • HB 11 – Status: Failed--adjourned – (Special session) Provides for the termination of emergency declarations.
  • HB 17 – Status: Failed--adjourned – (Special session) Limits the duration of certain, specified public health emergencies unless an extension is authorized by the Legislature.
  • HB 57 – Status: Failed--adjourned – (Special session) Provides relative to the emergency powers of the governor.
  • HB 61 – Status: Failed--adjourned – (Special session) Provides relative to the authority of the governor to declare certain emergencies
  • HB 68 – Status: Failed--adjourned – (Special session) Provides with respect to legislative authority during periods of certain declared emergencies.
  • HCR 9 – Status: Failed--adjourned – (Special session) Suspends a certain authority of the Governor relative to the declaration of an emergency.
  • HCR 16 – Status: Failed--adjourned – (Special session) Suspends the state of emergency declared by specified proclamations.
  • HCR 28 – Status: Failed--adjourned – (Special session) Relates to promulgation of rules related to the COVID-19 health emergency.
  • House Petition – Status: Denied – Petition to terminate state of health public emergency.
  • SB 29 – Status: Failed--adjourned – (Special session) Provides for legislative review of a state of emergency issued by the governor that extends beyond thirty days.
  • SB 35 – Status: Failed – (Special session) Requires that the termination of a gubernatorially declared state of disaster or emergency be approved by two thirds of the membership of both houses.
  • SB 43 – Status: Failed--adjourned – (Special session) Provides relative to termination of emergency proclamations and executive orders issued by governor.
  • SB 48 – Status: Failed--adjourned – (Special session) Limits the duration of declarations of emergency unless extension is authorized by the legislature.
  • SCR 8 – Status: Failed--adjourned – (Special session) Suspends certain provisions relative to the definition of public health emergency for the purposes of the Health Emergency Powers Act.

Michigan

  • SB 858 – Status: Vetoed – Reduces the length of executive orders, proclamations and directives issued by the Governor under the Emergency Management Act.
  • HR 250 – Status: Adopted – Authorizes the Speaker of the House to commence legal action on behalf of the House of Representatives challenging the governor's authority and actions during the Coronavirus pandemic.
  • SR 114 – Status: Adopted – Authorizes the Senate Majority Leader to commence legal action on behalf of the Senate challenging the governor's authority and actions during the coronavirus pandemic. 

Minnesota

  • HB 4572 – Status: Failed--adjourned – Relates to public health, terminates a declared peacetime emergency relating to coronavirus, extends certain executive orders relating to coronavirus, provides additional measures to protect public health.
  • HB 4592 – Status: Failed--adjourned – Relates to public safety, requires legislative approval to extend the duration of a peacetime emergency declared by the governor, limits duration of peacetime emergency extensions.
  • HB 4629 – Status: Failed--adjourned – Proposes a constitutional amendment to the Minnesota Constitution. Provides that the governor may declare an emergency and the emergency declaration may last for seven days unless an extension is granted by the legislature. The legislature may provide by law the process for conducting an emergency declaration in a manner authorized by this section.
  • HB 4648 – Status: Failed--adjourned – Relates to state government, proposes an amendment to the Minnesota Constitution Article V, section 3, declares an emergency.
  • HB 4657 – Status: Failed--adjourned – Relates to state government; permits the legislature to terminate any order or rule promulgated by the governor directing a response to a peacetime emergency if the emergency is continued for more than 30 days.
  • HB 22 – Status: Failed--adjourned – (Special Session) Relates to public safety; requires legislative approval to extend the duration of a peacetime emergency declared by the Governor; limits duration of peacetime emergency extension.
  • H.B. 43 – Status: Failed-adjourned – (Special session) Relates to state government; permits the legislature to terminate any order or rule promulgated by the governor directing a response to a peacetime emergency if the emergency is continued for more than a specified time period.
  • H.B. 81 – Status: Failed--adjourned – (Special session) Relates to state government; permits the legislature to terminate any order or rule promulgated by the governor directing a response to a peacetime emergency if the emergency is continued for more than 30 days.
  • HB 139 – Status: Failed--adjourned – (Special Session) Relates to state government; permits the legislature to terminate any order or rule promulgated by the Governor directing a response to a peacetime emergency, if the emergency is continued for more than thirty days.
  • SB 4519 – Status: Failed--adjourned – Relates to public safety, requires legislative approval to extend the duration of a peacetime emergency declared by the governor, limits duration of peacetime emergency extensions.
  • SB 4583 – Status: Failed--adjourned – Relates to state government, proposes an amendment to the Minnesota Constitution article V, section 3, declaring an emergency, repealing Minnesota Statutes 2018, section 12.31, subdivisions 1, 2, 3. 
  • SB 55 – Status: Failed--adjourned – (Special Session ) Relates to public safety; requires legislative approval to extend the duration of a peacetime emergency declared by the governor; limits duration of peacetime emergency extensions. 

Mississippi

  • S.B. 2772 – Status Enacted – Provides that the Department of Finance and Administration shall not escalate the budget of any agency, department or institution of the state for fiscal year 2021 for the expenditure of any funds received by the state under the federal Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-136), unless the escalation is specifically authorized in an appropriation bill for the agency, department or institution.

Missouri

  • HR 5502 – Status: Failed--adjourned. – Calls for the immediate termination of Executive Order 20-2.

New Jersey

  • AB 4147 – Status: Pending -- carryover to 2021 – Provides that any order, rule, or regulation issued by the governor pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.) shall terminate on the 15th day after issuance, unless approved for a greater period by the Legislature pursuant to concurrent resolution. The governor shall not issue, for the same emergency, an order, rule, or regulation to the same or substantially same effect as one terminated pursuant to this subsection.
  • AB 4212  – Satus: Pending -- carryover to 2021 – Limits the number of days of an effective period for certain emergency orders, rules or regulations.
  • AB 4255 – Status: Pending -- carryover to 2021 – Concerns Murphy's Law; nullifies Governor's order, rule, or regulation to address declared emergency, or relevant portion thereof, when Governor violates same; creates an affirmative defense to prosecution for same violation committed by Governor.
  • ACR 181 – Status: Pending -- carryover to 2021 – Proposes constitutional amendment to limit effective period of certain emergency orders, rules, or regulations issued by Governor to 14 days.
  • SB 2482 – Status: Pending -- carryover to 2021 – Provides that any order, rule, or regulation issued by the governor pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.) shall terminate on the 15th day after issuance, unless approved for a greater period by the Legislature pursuant to concurrent resolution. The governor shall not issue, for the same emergency, an order, rule, or regulation to the same or substantially same effect as one terminated pursuant to this subsection.
  • SB 2613 – Status: Pending -- carryover to 2021 – Concerns Murphy's Law; nullifies Governor's order, rule, or regulation to address declared emergency, or relevant portion thereof, when Governor violates same; creates affirmative defense to prosecution for same violation committed by Governor.
  • SCR 117 – Status: Pending -- carryover to 2021 – Proposes constitutional amendment to limit effective period of certain emergency orders, rules, or regulations issued by Governor to 14 days.

New Mexico

  • HB 2 – Status: Failed - adjourned – (Special session) Relates to emergency powers changes. Requires legislative approval to extend an emergency declaration; provides that a state of emergency or invocation of emergency powers terminates after 30 days unless extended by the legislature.  
  • HJM 1 – Status: Failed - Adjourned – (Special session) Relates to review of the Governor's Coronavirus response.

New York

  • AB 6384 – Status: Failed - adjourned – Relates to limiting the power of the governor to give an executive order or otherwise direct an executive agency to take any action that contradicts state law.
  • AB 10449 – Status: Failed - adjourned – Amends the Executive Law; eliminated the powers of the governor to issue any directive necessary to respond to a state disaster.
  • AB 10502 – Status: Failed – adjourned – Amends the Executive Law; relates to the length of time of a state disaster emergency declaration, requires the governor to transmit a weekly report to the legislature during a state disaster emergency and relates to the communication between the governor and parties affected by a suspension of laws during a state disaster emergency.
  • AB 10546 – Status: Failed - adjourned – Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days and ensures judicial due process rights for any action that impairs fundamental constitutional rights by limiting the Powers of the governor to suspend Laws during a state disaster emergency; requires a specification and explanation of which municipalities are effected by such suspension of Laws.
  • AB 10918 – Status: Failed - adjourned – Provides that the Board of Regents, the Commissioner of Education, and the Education Department shall have the responsibility to respond to the current COVID 19 pandemic, terminates certain Executive Orders issued by the Governor, provides for the procedure to be followed regarding future Executive Orders regarding elementary, secondary, post secondary schools, state universities, and other educational entities.
  • SB 8326 – Status: Failed - adjourned – Amends the Executive Law, eliminates the powers of the governor to issue adirective necessary to respond to a state disaster.
  • S.B. 8387 – Status: Failed - adjourned – Amends the Executive Law, relates to the length of time of a state disaster emergency declaration, requires the governor to transmit a weekly report to the legislature during a state disaster emergency and relates to the communication between the governor and parties affected by a suspension of Laws during a state disaster emergency.
  • SB 8466 – Status: Failed - adjourned – Restores the legislative checks and balances to aemergency declaration that exceeds forty-five days, ensures judicial due process rights for aaction that impairs fundamental constitutional rights by limiting the Powers of the governor to suspend Laws during a state disaster emergency and requiring a specification and explanation of which municipalities are effected by such suspension of Laws.
  • SB 8924 – Status: Failed - adjourned – Provides that the Board of Regents, the Commissioner of Education, and the Education Department shall have the responsibility to respond to the current coronavirus pandemic, terminating certain Executive Orders issued by the Governor pursuant to a specified section of the Executive Law, and provides for the procedure to be followed regarding future Executive Orders regarding elementary, secondary, post-secondary schools, State Universities, and other educational entities.

North Carolina

  • HB 1170 – Status: Failed—adjourned – Provides for expiration of executive orders and states of emergency issued by the Governor.
  • SB 781 – Status: Failed—adjourned – Limits provisions of an executive order or local ordinances from prohibiting or restricting the public press, protest, or religious institutions during a state of emergency.

Ohio

  • HB 617 – Status: Failed - adjourned – Establishes legislative approval procedures for shutdown orders.
  • HB 618 – Status: Failed - adjourned – Limits the authority of the governor and the Department of Health to issue orders regarding contagious or infectious diseases, prohibits any order from affecting the conduct of an election, designates its provisions as the Need Ohio Working NOW Act, declares an emergency.
  • HB 621 – Status: Failed - adjourned – Enacts the Business Fairness Act, allowing businesses required to limit or cease operations by orders, rules, or regulations issued due to dangerous disease to remain open so long as they observe the same safety requirements imposed on businesses that were not required to limit or cease operations.
  • HB 682 – Status: Failed - adjourned – Provides that only the General Assembly, by a two thirds majority vote, can require that all residents of the state wear a face mask or covering.
  • SB 311 – Status: Vetoed – Rescinds certain orders of the Director of Health regarding COVID-19, requires the approval of the Joint Committee on Agency Rule Review for Department of Health orders to be effective for more than fourteen days, requires statewide Department of Health orders to include the Governor's signature, modifies the Department's rulemaking authority to allow in person high school graduation ceremonies, declares an emergency.

Oklahoma

  • HCR 1001 – Status: Adopted – (Special Session) Provides that the approval of Executive Order No. 2020-12 shall be contingent upon the governor providing prior notice to the speaker of the House of Representatives and the president pro tempore of the State Senate of amendments to the order, specific statutes and regulations that will be suspended, and further actions the Governor deems necessary to carry out the order. Relates to the House and Senate approving the governor's actions.
  • SB 1102 – Status: Failed--adjourned – Relates to public health and safety; relates to Catastrophic Health Emergency Powers Act; relates to the Oklahoma Catastrophic Health Emergency Planning Task Force; relates to reports required from certain health care providers; relates to activation of disaster response and recovery aspects of emergency plans; relates to transfer of monies from state funds; authorizes Secretary to promulgate emergency rules upon activation of Catastrophic Health Emergency Powers Act; authorizes disapproval by Legislature.

Pennsylvania

  • HB 1498 – Status: Failed--adjourned – Provides for power of governor during emergency.
  • HB 1788 – Status: Failed--adjourned – Provides for the power of the governor during an emergency.
  • HB 2463 – Status: Enacted – Amends the Administrative Code, provides for access to public records during a disaster declaration, prohibits the governor from directing a Commonwealth agency to ignore requests for records or suspend the agency's process to answer a request for records during a disaster declaration.
  • HR 836 – Status: Vetoed – (Concurrent Resolution) Terminates the disaster emergency declared in response to the cases of coronavirus.
  • SB 1166 – Status: Adopted – (Joint Resolution) Proposes separate and distinct amendments to the Constitution of the Commonwealth in various areas, including disaster emergency declarations and general assembly approval.

Rhode Island

  • HB 8144 – Status: Failed - adjourned – reates the Joint Committee on Disaster Oversight to study the impact of the governor's declaration of a disaster emergency. 

South Carolina

  • HB 5473 – Status: Failed--adjourned – (Concurrent Resolution) Expresses the sense of the General Assembly that the Governor is not authorized to declare successive States of Emergency that are based upon the scope of impact of the event or occurrence that was the basis for the State of Emergency, expresses that a State of Emergency declared by the Governor may not last longer than a certain number of days without the express consent of the General Assembly, and that the Governor has a duty to request an extension from the General Assembly.
  • HB 5488 – Status: Failed--adjourned – Relates to powers and duties of the Governor during a declared emergency, provides that a declared State of Emergency shall not continue for a period of more than fifteen days without the passage of a Joint Resolution by the General Assembly expressly approving the declaration's continuation, provides that upon the expiration of the Governor's original emergency declaration, he may not declare a new State of Emergency based upon the same or substantially similar facts and circumstances.
  • SB 1200 – Status: Failed--adjourned – Relates to a Proclamation of Emergency by the Governor, provides that a State of Emergency declared by the Governor pursuant to this provision of law may not last more than a certain number of days unless the General Assembly adopts a Concurrent Resolution authorizing the State of Emergency to remain in place for a longer period of time.
  • SB 1203 – Status: Failed--adjourned – Enacts the Emergency Order Balance of Powers Act by amending specific sections which relate to a Proclamation of an Emergency by the Governor, sets forth actions that would make the proclamation ineffective and to allow the Governor to renew a State of Emergency in periods of no greater than a certain number of days.

Tennessee

  • HB 2931 – Status: Failed--adjourned – Requires the governor to receive approval from the General Assembly prior to continuing a state of emergency for longer than 30 days.
  • SB 2938 – Status: Failed--adjourned – Requires the Governor to receive approval from the General Assembly prior to continuing a state of emergency for longer than thirty days.

Utah

  • HB 3005  – Status Enacted – (Special session) Requires the governor to provide notice to certain legislative branch officers before issuing a declaration of a state of emergency or making other executive orders or actions in response to an epidemic or pandemic disease, provides an exemption to the notice requirement if there is an imminent threat of serious injury, loss of life, or harm to property, prohibits the Governor from suspending the enforcement or application of certain provisions.

Virginia

  • HJR 5001 – Status: Failed – (Special session) Proposes a constitutional amendment; relates to executive power; relates to state of emergency; relates to special session; limits the authority of the Governor to issue an executive order declaring a state of emergency that restricts, limits, or prohibits otherwise lawful action by a private business, nonprofit entity, or individual for a period more than 45 days in duration without approval by the General Assembly. 
  • HJR 5003 – Status: Failed – (Special session) Provides that the Governor shall convene a special session whenever declaring a state of emergency, pursuant to his authority under law, for a period that exceeds ninety days or whenever extending a state of emergency, pursuant to his authority under law, for a period that exceeds ninety days in the aggregate.
  • HJR 5005 – Status: Failed – (Special session) Proposes a constitutional amendment, relates to executive power, relates to emergency powers, relates to limitations, provides that the Governor shall have the powers and duties related to States of emergency as provided by general law, except that no declared state of emergency shall be in effect for more than seven days unless approved by an affirmative vote of two-thirds of the members elected to each house.
  • HB 5007 – Status: Failed – (Special session) Relates to Emergency Services and Disaster Law; relates to executive orders; relates to limitation on duration of executive orders declaring a state of emergency; relates to civil penalty; provides that executive orders declaring a state of emergency, and any other executive orders pertaining to such emergency, shall not have any effect beyond 30 days after the date of issuance, unless the General Assembly takes action to grant the Governor additional authority to extend such an order.
  • HB 5010 – Status: Failed – (Special session) Relates to Emergency Services and Disaster Law; relates to limitation on duration of executive orders; limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 60 days from the date of issuance; provides that if the General Assembly does not take any action on the rule, regulation, or order within the 60 days during which the rule, regulation, or order is effective, the Governor shall thereafter be prohibited.
  • HB 5039 – Status: Failed – (Special session) Relates to Emergency Services and Disaster Law, relates to limitation on duration of executive orders, limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 45 days from the date of issuance, provides that if the General Assembly does not take any action on the rule, regulation, or order within the 45 days during which the rule, regulation, or order is effective, the Governor may reissue the executive order.
  • SB 5001 – Status: Failed – (Special session) Relates to Emergency Services and Disaster Law; relates to limitation on duration of executive orders; provides that if the General Assembly does not take any action on the rule, regulation, or order within the 30 days during which the rule, regulation, or order is effective, the Governor may once again issue the same rule, regulation, or order but shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency.
  • SB 5008 – Status: Failed – (Special session) Relates to Emergency Services and Disaster Law; relates to limitation on duration of executive orders; limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 45 days from the date of issuance; provides that if the General Assembly does not take any action on the rule, regulation, or order within the 45 days during which the rule, regulation, or order is effective, the Governor shall thereafter be prohibited.
  • SB 5077 – Status: Failed – (Special session) Relates to emergency laws, relates to powers and duties of Governor, limits the Governor's powers as the Director of Emergency Management by requiring that emergency rules, regulations, and executive orders be objectively necessary and required to control, restrict, allocate, or regulate the use, sale, production, and distribution of food, fuel, clothing and other commodities, materials, goods, services, and resources under any state or federal emergency services programs.
  • SB 5111 – Status: Failed – (Special session) Relates to Emergency Services and Disaster Law, limits the duration of any Executive Order issued by the Governor pursuant to his powers under the Law, provides for when General Assembly does not take any action on the rule, regulation, or order within the thirty days during which the rule, regulation, or order is effective.

Wisconsin

  • AB 1037 – Status: Failed – Concerns the length of time for a declared state of emergency; reporting of arrests for a violation of an order relating to the control of an outbreak or epidemic; requiring legislative approval of any statewide order mandating individuals to stay at home for reasons related to an epidemic, pandemic, or communicable disease; requiring a written report to the legislature detailing the justification for any ban of gatherings of 50 or fewer individuals.
  • SB 923 – Status: Failed – Concerns the length of time for a declared state of emergency; reports of arrests for a violation of an order relating to the control of an outbreak or epidemic; requires legislative approval of any statewide order mandating individuals to stay at home for reasons related to an epidemic, pandemic, or communicable disease; requires a written report to the legislature detailing the justification for any ban of gatherings of 50 or fewer individuals.

Guam

  • B 424 – Status: Failed - adjourned – Relates to mandating that any proposal of the governor where regulatory statutes, orders, and rules and regulations are bypassed by executive order during a state of public health emergency, shall be approved by the Guam legislature.

Virgin Islands

  • BR 23 – Status: Failed - adjourned – Provides the governor of the Virgin Islands may not impose a curfew for more than 30 days without the approval of the Legislature.

Legislative chambers in at least 47 states, Guam and Puerto Rico introduced or considered more than 300 bills or resolutions in 2021 that provide expressly for direct legislative involvement in or oversight of certain gubernatorial or executive actions during the Covid-19 pandemic or other emergencies. These actions also include legislation that would make structural changes in laws related to states of emergency or emergency orders (such as their duration, termination or extension) and also relates to legislatures' ability to meet in special session.

As indicated below, bills or resolutions have been enacted or adopted in at least 24 states: Alaska, Arkansas, Connecticut, Florida, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Utah and Wyoming.

2021 Introduced Oversight Legislation
Common Provisions in 2021Oversight Legislation

The Pennsylvania resolution provided for voter approval of a constitutional amendment related to disaster emergency declarations (approved by voters on May 18, 2021). The Pennsylvania General Assembly subsequently adopted HR 106, terminating the Governor's March 6, 2020 emergency proclamation.).

Alabama

  • AL H.B. 21– Status: Failed (adjourned) – Provides that the Legislature can call itself into a special session under certain conditions authorized.
  • AL H.B. 241 – Status: Failed (adjourned) – Relates to States of emergency, amends Sections 22-2-8, 31-9-8, and 31-9-13, Code of Alabama 1975, provides that a state of emergency terminates after 14 days and may be extended only by joint resolution of the Legislature or, if the Legislature is not in session, by joint proclamation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives.
  • AL H.B. 500 – Status: Failed (adjourned) – Relates to proposing an amendment to Section 122 of the Constitution of State of 1901, to authorize the Legislature to call itself into a special session under certain conditions.
  • AL S.B. 97 – Status: Failed (adjourned) – Relates to states of emergency, amends Sections 22-2-8, 31-9-8, and 31-9-13, Code of Alabama 1975, provides that a state of emergency terminates after 14 days and may be extended only by joint resolution of the Legislature or, if the Legislature is not in session, by joint proclamation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives, provides that an order or directive issued by the State Health Officer relating to the outbreak of a disease or pandemic.
  • AL S.B. 259 – Status: Failed (adjourned) – Proposes an amendment to Section 122 of the Constitution of Alabama of 1901, to authorize the Legislature to call itself into a special session under certain conditions.

Alaska

  • AK H.B. 76 – Status: Enacted Extends the Governor's declaration of a public health disaster emergency in response to the novel coronavirus disease pandemic; approves and ratifies declarations of a public health disaster emergency; provides for a financing plan; makes temporary changes to state law in response to the coronavirus outbreak in the following areas; relates to the emergency powers of the governor; relates to the emergency powers of the commissioner of health and social services. Requires the office of management and budget to submit a report to the legislative finance division that lists the total expenditures incurred by the state in its response to the public health disaster emergency, including mitigating, preventing, and controlling novel coronavirus disease (COVID-19).
  • AK H.B. 221 – Status: Pending - carryover – Provides that a proclamation of disaster emergency expires after 30 days unless ratified and extended by the legislature by a concurrent resolution passed by an affirmative vote of two-thirds of the membership in joint session.

Arkansas

  • AR HCR 1003 – Status: Failed (adjourned) – Terminates the public health and disaster emergency and declaration of the state as a disaster area.
  • AR HJR 1001 – Status: Failed (adjourned) – Amends the state Constitution to allow the General Assembly to convene itself in extraordinary session upon the joint proclamation of the Speaker of the House of Representatives and the President Pro Tempore of the Senate.
  • AR S.B. 15 – Status: Failed (adjourned) – Amends the state Emergency Services Act concerning the suspension of regulatory statutes, orders, or rules during an emergency, declares an emergency.
  • AR S.B. 379 – Status: Enacted – Concerns the process for emergency declarations and directives addressing a statewide state of disaster emergency related to public health, declares an emergency.
  • AR SCR 2 – Status: Failed (adjourned) – Terminates the public health and disaster emergency and declaration of the state as a disaster area.
  • AR SJR 2 – Status: Failed (adjourned) – Regards a Constitutional Amendment to allow the General Assembly to convene in extraordinary session upon the request of a majority of the members of each house of the General Assembly.
  • AR SJR 10 – Status: Adopted – Regards an amendment to the state constitution authorizing the General Assembly to convene itself in extraordinary session upon the issuance of a joint written proclamation of the Speaker of the House of Representatives and the President Pro Tempore of the Senate, requires a certain percentage of signatures.
  • AR SJR 15 – Status: Failed (adjourned) – Regards a Constitutional Amendment requiring the Governor to convene an extraordinary session of the General Assembly when declaring an emergency by executive order or proclamation.

Arizona

  • AZ H.B. 2145 – Status: Failed (adjourned) – Relates to emergency powers, relates to curfew, relates to business closures.
  • AZ H.B. 2389 – Status: Failed (adjourned) – Relates to state of emergency, relates to automatic termination.
  • AZ HCR 2013 – Status: Failed (adjourned) – Relates to public health, relates to executive orders, relates to reauthorization.
  • AZ HCR 2017 – Status: Failed (adjourned) – Relates to automatic termination, relates to state of emergency.
  • AZ HCR 2037 – Status: Failed (adjourned) – Relates to pandemic emergencies, relates to special sessions.
  • AZ SCR 1003 – Status: Failed – Relates to executive orders, relates to emergencies, relates to reauthorization, relates to termination.
  • AZ SCR 1010 – Status: Failed – Proposes an amendment to the state constitution, relates to special sessions of the Legislature, provides that the governor shall call a special session when the governor declares a state of emergency to address matters relating to the state of emergency.

California

  • CA A.B. 69 – Status: Pending - carryover – Requires a state of emergency to terminate 60 days after the Governor's proclamation of the state of emergency unless the Legislature extends it by a concurrent resolution. Prohibits a concurrent resolution from extending a state of emergency by more than 60 days.
  • CA A.B. 108 – Status: Pending - carryover – Permits an order or regulation, or an amendment or rescission thereof, issued pursuant to specified California Emergency Services Act (CESA) provisions 60 or more days after the proclamation, to take effect only if approved by a concurrent resolution of the Legislature.
  • CA A.B. 1123 – Status: Pending - carryover – Requires the Governor to immediately notify in writing the Speaker of the Assembly and the President pro Tempore of the Senate of a proclamation of a state of emergency or promulgating or issuing an order or regulation pursuant to these provisions. Requires the Governor to provide to the Speaker, the President pro Tempore, and certain committees of the Legislature a monthly report on specified information relating to requests by local government for the Governor to proclaim a state of emergency.
  • CA ACR 57 – Status: Pending - carryover – Expresses the Legislature's support of the ruling by Sutter County Superior Court Judge Sarah Heckman in Gallagher v. Newsom (Sup. Ct. No. CVCS20-0912) and urges the Governor to comply with the court's directive not to exercise legislative powers.
  • CA S.B. 209 – Status: Pending - carryover – Requires a state of emergency to terminate 45 days after the Governor's proclamation of the state of emergency unless the Legislature extends it by a concurrent resolution.
  • CA S.B. 448 – Status: Pending - carryover – Enacts the Emergency Power Limitation Act. Requires an emergency order, as defined, to be narrowly tailored to serve a compelling public health or safety purpose and limited in duration, applicability, and scope. Authorizes any person to bring an action to invalidate or enjoin enforcement of an emergency order that is allegedly unlawful.
  • CA SCR 5 – Status: Pending - carryover – Declares that the state of emergency proclaimed by the Governor on a specified date, is at an end, thereby terminating the emergency powers granted to the Governor as a result of that proclamation.

Colorado

  • CO H.B. 1081 – Status: Failed (adjourned) – Concerns the duration of a state of disaster emergency declared by the Governor, prohibits the Governor from renewing a state of disaster emergency and authorizing the General Assembly to extend a state of disaster emergency.
  • CO SCR 1 – Status: Failed (adjourned) – Submits to the registered electors of the state of Colorado an amendment to the Colorado Constitution concerning legislative oversight of a state of disaster emergency declared by the Governor.

Connecticut

  • CT H.B. 5653 – Status: Enacted – Amends the civil preparedness and public health emergency statutes, provides that the Governor may proclaim that a state of civil preparedness emergency exists in the event of serious disaster, enemy attack, sabotage or other hostile action or in the event of the imminence to serious disaster, enemy attack, sabotage or other hostile action.
  • CT H.B. 6555 – Status: Enacted – Concerns legislative oversight and approval of Coronavirus disease 2019 relief funds.
  • CT S.B. 74 – Status: Failed – Concerns legislative committee disapproval of executive orders issued pursuant to an emergency declaration, provides for equitable review of an executive order by the legislative committee having cognizance over the subject matter of an executive order.
  • CT S.B. 301 – Status: Failed – Allows for bipartisan review of emergency declarations.
  • CT S.B. 750 – Status: Failed – Concerns legislative review of gubernatorial emergency declarations and orders, amends the statutes concerning emergency declarations to require additional and bipartisan legislative review.
  • CT S.B. 751 – Status: Failed – Requires legislative review of executive orders issued pursuant to a public health or civil preparedness emergency declaration when the legislature is in regular session.

Florida

  • FL H.B. 7047 – Status: Failed – Relates to emergency management, revises and creates emergency management provisions relating to transfer and expenditure of moneys in Emergency Preparedness and Response Fund, States comprehensive emergency management plan, statewide awareness and education programs, personal protection equipment, contracts with providers for care of persons with disabilities or limitations, duration of emergency orders and rules issued by Governor.
  • FL PCB 6059 – Status: Failed (adjourned) – Relates to emergency management, authorizes the Legislative Budget Commission to convene to transfer certain funds to the Emergency Preparedness and Response Fund.
  • FL S.B. 1924 – Status: Failed – Relates to limitations on emergency powers of political subdivisions, requires that certain emergency measures issued by a political subdivision be narrowly tailored to a compelling public health or safety purpose, specifies additional requirements for local emergency measures.
  • FL S.B. 2006 – Status: Enacted – Relates to emergency management, revises the definition of the term natural emergency to include public health emergencies, requires the Division of Emergency Managements comprehensive emergency plan to include specified provisions regarding public health emergency preparedness, response, recovery, and mitigation, redefines the term essentials to include personal protective equipment used during public health emergencies.

Georgia

  • GA H.B. 358 – Status: Pending - Carryover – Relates to emergency powers, provides when a declaration of a state of emergency or disaster by the Governor shall expire, provides for extensions by the General Assembly, provides for limitations on emergency powers.

Hawaii

  • HI H.B. 103 – Status: Pending--carryover – Clarifies that the powers granted for emergency purposes shall not be inconsistent with the state constitution, provides parameters for the duration of suspension of laws and requires justification for the suspension, specifies parameters for when a state of emergency is terminated, allows the authorization of the issuance of a proclamation arising from the same emergency or disaster as a previous proclamation that was terminated by the legislature, upon certain request.
  • HI H.B. 573 – Status: Pending--carryover – Establishes the joint legislative emergency response and recovery committee, allows the joint legislative emergency response and recovery committee, under certain circumstances, to convene and make recommendations to the legislature regarding federal funds, provides the Legislature with the opportunity to convene in special session in accordance with the state constitution to act on the recommendations.
  • HI H.B. 721 – Status: Pending--carryover – Prohibits the Governor from declaring a state of emergency requiring the shutdown of any type of business or operation, or the quarantine of any person, for a period of more than 28 days, allows a state of emergency to be extended by periods of 14 days if each extension is approved by a two-thirds vote of each house of the Legislature.
  • HI H.B. 851 – Status: Pending--carryover – Requires the Governor to obtain approval from the Legislature when a state of emergency has been declared and requires a duration of more than thirty days.
  • HI S.B. 240 – Status: Pending--carryover – Limits first offense violations of a Governor's emergency proclamation requiring Wearing cloth face coverings to a fine of not more than $500, limits first offense violations of a Governor's emergency proclamation requiring persons traveling from out of state to quarantine to a fine of not more than $500, except for those violators who post media of themselves violating the Governor's order on social media or who travel to the State with symptoms or a positive test result for COVID-19.
  • HI S.B. 1267 – Status: Pending--carryover – Requires approval of the Legislature or a county council to extend to a date certain, or deny the extension of, a proclamation of a state of emergency or local state of emergency timely requested by the Governor or mayor beyond sixty days of its issuance, unless the Legislature or county council fails to take action, in which case the state of emergency or local state of emergency is automatically extended for sixty days, allows the authorization of the issuance of a separate proclamation.
  • HI S.B. 1330 – Status: Pending--carryover – Relates to a state of emergency or local state of emergency, provides parameters for delegation of powers and scope and duration of suspension of Laws, provides an advise and consent process for an emergency proclamation to extend beyond one hundred twenty days, provides a legislative means for an emergency proclamation to be terminated.

Idaho

  • ID H.B. 1 – Status: Failed (adjourned) – Amends existing law to revise provisions regarding the governor's Powers during a disaster emergency, provides that the governor may not alter, adjust, or suspend any provision of the Idaho Code.
  • ID H.B. 16 – Status: Failed (adjourned) – Amends existing law to revise provisions regarding the governor's powers during a disaster emergency, provides that the governor may not alter, adjust, or suspend any provision of the Idaho Code.
  • ID H.B. 98 – Status: Failed (adjourned) – Amends existing Law to revise provisions regarding the Governor's powers during a disaster emergency.
  • ID H.B. 135 – Status: Vetoed – Revises provisions regarding the governor's powers during a disaster emergency, to provide severability, and to make technical corrections and declaring an emergency.
  • ID H.B. 391 – Status: Enacted – Amends existing law to revise provisions regarding a declaration of disaster emergency by the Governor.
  • ID H.B. 392 – Status: Enacted – Amends existing law to revise provisions regarding a declaration of disaster emergency by the Governor, provides that the Governor may not alter, adjust, or create any provisions of the Idaho Code.
  • ID HCR 1 – Status: Failed (adjourned) – States findings of the Legislature, provides that the state of disaster emergency declared by the governor is now ended, relates to COVID-19.
  • ID HCR 2 – Status: Failed (adjourned) – States findings of the Legislature, declares that the portion of the December 30 order regarding the prohibition on gatherings of more than 10 people null, void, and of no force and effect.
  • ID HCR 5 – Status: Failed (adjourned) – States findings of the Legislature and declares that the portion of the February 2, 2021, guidelines regarding the prohibition on gatherings of more than 50 people is null, void, and of no force and effect.
  • ID HJR 1 – Status: Failed (adjourned) – Proposes an amendment to a specified section of the Constitution of the State of Idaho, provides that the Legislature must convene in certain organizational sessions and must be convened in special session by the President Pro Tempore of the Senate and the Speaker of the House of Representatives in certain circumstances.
  • ID S.B. 1003 – Status: Failed (adjourned) – Amends existing law to revise provisions regarding the authority of the governor during a state of extreme peril, provides that the governor may not alter, adjust, or suspend any provision of the Idaho Code in certain instances.
  • ID S.B. 1031 – Status: Failed (adjourned) – Amends existing law to revise provisions regarding the Disaster Emergency Account.
  • ID S.B. 1054 – Status: Failed (adjourned) – Amends existing law to revise provisions regarding the authority of the governor during a state of extreme peril, provides that the governor may not alter, adjust, or suspend any provision of the Idaho Code in certain instances.
  • ID S.B. 1112 – Status: Failed (adjourned) – Adds to existing law to provide certain requirements for a special session convened by the Legislature.
  • ID S.B. 1136 – Status: Vetoed - override pending – Relates to Martial Law, provides legislative intent, revises provisions regarding the authority of the governor during a state of extreme peril, defines terms, provides that the governor may not alter, adjust, or suspend any provision of the Idaho Code in certain instances, provides that nothing shall prohibit the governor from deploying the national guard, provides severability, revises terminology and makes technical corrections.
  • ID S.B. 1217 – Status: Enacted – Adds to and repeals existing law to authorize the Governor to proclaim a state of extreme emergency, provides that the Governor shall have certain powers, duties, and limitations during a declared state of extreme emergency.
  • ID SCR 101 – Status: Failed (adjourned) – States findings of the Legislature, provides that the state of disaster emergency declared by the Governor relating to novel coronavirus or COVID-19 is terminated, provides that receipt of federal funds, benefits, or resources arising out of the state of disaster emergency shall not be affected, provides that the Governor may make or maintain declarations only to a certain extent.
  • ID SJR 102 – Status: Adopted – States findings of the Legislature, proposes an amendment to the Idaho Constitution to establish provisions regarding convening the Legislature for special or organizational sessions.
  • ID SCR 103 – Status: Failed (adjourned) – States findings of the Legislature, declares that the December 30 general order of isolation issued by the Governor and the Director of the Department of is terminated.

Illinois

  • IL H.B. 210 – Status: Pending – Amends the Emergency Management Agency Act, provides that in any 12-month period the Governor shall have the authority to issue only one proclamation per disaster and that any further proclamation for the disaster that triggered the original proclamation shall be in force only after a two-thirds vote of each chamber of the General Assembly approves a joint resolution containing the exact language of the proclamation and which the Governor must follow.
  • IL H.B. 1881 – Status: Pending – Amends the Emergency Management Agency Act, provides that after an initial proclamation declaring that a disaster exists, the Governor may only extend that declaration or make further proclamations regarding the same disaster if the General Assembly passes a resolution within 5 calendar days that approves the extension or further proclamation.
  • IL H.B. 2915 – Status: Pending – Amends the Emergency Management Agency Act, provides that in any 12-month period the Governor shall have the authority to issue only one proclamation per disaster and that any further proclamation for the disaster that triggered the original proclamation shall be in force only after a two-thirds vote of each chamber of the General Assembly approves a joint resolution containing the exact language of the proclamation and which the Governor must follow.
  • IL H.B. 2932 – Status: Pending – Amends the Emergency Management Agency Act, provides that in any 12-month period the Governor shall have the authority to issue only one proclamation per disaster and that any further proclamation for the disaster that triggered the original proclamation shall be in force only after a two-thirds vote of each chamber of the General Assembly approves a joint resolution containing the exact language of the proclamation and which the Governor must follow.
  • IL S.B. 103 – Status: Pending – Amends the Emergency Management Agency Act, provides that after an initial proclamation declaring that a disaster exists, the Governor may only extend that declaration or make further proclamations regarding the same disaster if the General Assembly passes a resolution within 5 calendar days that approves the extension or further proclamation.
  • IL S.B. 2143 – Status: Pending – Amends the Procurement Code, provides that if the Governor, pursuant to the power granted under the Emergency Management Agency Act, suspends or waives the requirements of the Code, the Auditor General shall conduct a performance audit of purchases exempted from the provisions of the Code due to a disaster declaration.
  • IL S.B. 2218 – Status: Pending – Amends the Emergency Management Agency Act, provides that after an initial proclamation declaring that a disaster exists, the Governor may only extend that declaration or make further proclamations regarding the same disaster if the General Assembly passes a resolution within 5 calendar days that approves the extension or further proclamation, provides that if, due to health or safety concerns, the General Assembly is unable to convene in either regular or special session to approve the extension. –

Indiana

  • IN H.B. 1049 – Status: Failed (adjourned) – Relates to legislative sessions, restates the law regulating legislative sessions and procedures, establishes a procedure for the general assembly to call itself into session at times not specifically scheduled in statute, provides that a Status: Vetoed bill passed at a session of the general assembly must be reconsidered and voted upon as provided in Article 5, Section 14 of the Constitution of the State of Indiana not later than the sine die adjournment of the next regular session that occurs after the session.
  • IN H.B. 1121 – Status: Failed (adjourned) – Relates to state of disaster emergencies, provides that a state of disaster emergency may not continue for longer than 14 days after the date of the Governor's executive order, if the executive order is not renewed, or 28 days after the date of the Governor's executive order, if the executive order is renewed for an additional 14 days, provides that the Governor may renew a state of disaster emergency only once for a period of not more than 14 days if it is based on the same or substantially similar.
  • IN H.B. 1123 – Status: Enacted - but see Holcomb v. Bray, No. 21S-PL-518, __ N.E.3d __ (Ind., June 3, 2022). – Relates to legislative oversight of certain fiscal and emergency matters, provides that the 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, provides that in an emergency session the general assembly may enact only bills relating to the agenda stated in the legislative council's resolution, creates the Economic Stimulus Fund (ESF).
  • IN H.B. 1250 – Status: Failed (adjourned) – Relates to State Disaster Emergencies, provides that a state of disaster emergency may not continue for longer than 30 days unless the state of disaster emergency is renewed for an additional 30 days by the Governor and the General Assembly is in session or the Governor has called for a special session under the Constitution of the State of Indiana.
  • IN H.B. 1294 – Status: Failed (adjourned) – Relates to legislative sessions, provides that the General Assembly may convene in an initiated session under either of the following circumstances, the Governor issues a proclamation or an executive order declaring a state of emergency and the speaker of the house and the President Pro Tempore of the Senate issue a joint order for the General Assembly to convene or if 67 or more members of the house and 34 or more members of the Senate sign a petition addressed to the speaker of the house.
  • IN H.B. 1296 – Status: Failed (adjourned) – Relates to State Disaster Emergencies, provides that the renewal of the state of disaster emergency does not become effective unless it is approved by the General Assembly, provides that if the Governor calls a special session for the purpose of renewing the state of disaster emergency, the Governor shall notify the General Assembly 10 days prior to the Governor's intention to renew the state of disaster emergency, and renewal shall be based on the same or substantially similar underlying set of facts.
  • IN H.B. 1354 – Status: Failed (adjourned) – Relates to emergency powers, provides that in the event of a disaster emergency, an emergency order issued by a state agency must be narrowly tailored to serve a compelling public health or safety interest, entitles a person to relief if a court determines that the person seeking judicial relief has been prejudiced by an agency action issued during a disaster emergency that does not meet certain requirements, provides for length requirements of state of disaster emergency, relates to powers of the Governor.
  • IN H.B. 1412 – Status: Failed (adjourned) – Relates to State of Disaster Emergencies, provides that the Governor shall not limit the operation of a business, industry, or religious organization as long as the business, industry, or religious organization is following standard safety procedures and guidelines when making, amending, and rescinding the necessary orders, rules, and regulations in the event of a disaster or emergency beyond local control, provides that the initial state of disaster emergency may not continue longer than 30 days.
  • IN HCR 2 – Status: Failed (adjourned) – Terminates the public health emergency first declared on a specified date in Executive Order 20-02.
  • IN HCR 4 – Status: Failed (adjourned) – Terminates the public health emergency first declared on a specified date in Executive Order 20-02.
  • IN HCR 18 – Status: Failed (adjourned) – Terminates the public health emergency first declared on a specified date, in Executive Order 20-02.
  • IN S.B. 181 – Status: Failed (adjourned) – Relates to state disaster emergencies, establishes a procedure for the general assembly to call itself into session at times not specifically scheduled in statute, provides that the initial state of disaster emergency may not continue longer than a specified period of time following the initial date of the declaration, and a state of disaster emergency may not be renewed or extended by the governor without the approval of the general assembly.
  • IN S.B. 241 – Status: Failed (adjourned) – Relates to sessions of the general assembly, provides that the general assembly may convene in an initiated session if the following apply, the legislative council adopts a resolution requesting the governor to call a special session under Article 4, Section 9 of the Constitution of the State of Indiana, the resolution states specific reasons that the public welfare requires the general assembly to meet in a special session, the resolution states a specific date for the general assembly to convene.
  • IN S.B. 256 – Status: Failed (adjourned) – Relates to executive orders, provides that, unless otherwise specifically provided by a statute to the contrary, an executive order issued by the Governor expires seven calendar days after the executive order is issued, provides that a state of disaster emergency declared by the Governor may not continue for longer than seven days unless the state of disaster emergency is specifically renewed by a statute enacted by the General Assembly, provides that if the Governor declares a disaster emergency.
  • IN S.B. 300 – Status: Failed – Relates to state disaster emergencies, provides that the Governor may not renew a disaster emergency more than once without authorization by the General Assembly, specifies that the General Assembly may adopt a concurrent resolution to authorize the Governor to extend a disaster emergency, permits the General Assembly to limit, restrict, or qualify the Governor's power to issue certain orders, provides that if the Governor calls a special session to obtain authorization to extend a disaster emergency.
  • IN S.B. 379 – Status: Failed (adjourned) – Relates to separation of powers restoration, prohibits the adoption of certain executive orders, emergency rules, and administrative orders that suspend, toll, modify, amend, or prohibit enforcement of a statute enacted by the General Assembly unless the General Assembly specifically authorizes the suspension, tolling, modification, amendment, or prohibited enforcement of that statute, states a similar rule for the judicial branch.
  • IN S.B. 407 – Status: Failed (adjourned) – Relates to gubernatorial Powers, provides that the President Pro Tempore of the Senate and the speaker of the House of Representatives may, acting jointly, initiate a special session of the General Assembly, provides that a state of disaster emergency that is issued by the Governor based on certain specified emergency circumstances may not continue longer than 30 days after the date of the Governor's executive order, or the last day of the calendar year, whichever occurs first.
  • IN SJR 15 – Status: Failed (adjourned) – Relates to sessions, creates a process by which a unique session of the General Assembly may be called by the Secretary of State if two thirds of the General Assembly sign a petition requesting that the General Assembly convene for the purpose of considering specific legislation.

Kansas

  • KS H.B. 2416 – Status: Pending--carryover – Modifies the procedure for declaring and extending a state of disaster emergency, limits powers granted to the governor during a state of disaster emergency, authorizes the legislative coordinating council and the legislature to take certain action related to a state of disaster emergency, prohibits the Governor or the State Board of Education from closing private schools during a state of disaster emergency.
  • KS S.B. 14 – Status: Enacted – Extends certain provisions of the governmental response to the COVID-19 pandemic in Kansas, provides certain relief related to health, welfare, property and economic security during this public health emergency.
  • KS S.B. 40 – Status: Enacted – Updates provisions related to the state Department of Agriculture Division of Conservation, implements provisions of certain executive reorganization orders.
  • KS S.B. 273 – Status: Vetoed – Enacts the governmental response to certain emergencies, relates to the Kansas emergency management act, modifies the procedure for the declaration and extension of a state of disaster emergency, limits powers granted to the governor during a state of disaster emergency, defines public health disasters and establishing special provisions therefor.
  • KS S.B. 284 – Status: Pending--carryover – Amends the state emergency management act, authorizes a state of disaster emergency to continue for no longer than 21 days unless ratified by concurrent resolution of the legislature, provides for extensions for specified periods not to exceed 30 days each.
  • KS SCR 1604 – Status: Pending--carryover – Amends the Constitution of the State, allows for a petition process to call the legislature into special session during a state of disaster emergency. –

Kentucky

  • KY H.B. 4 – Status: Adopted – Amends the state constitution, eliminates the existing dates by which the General Assembly must adjourn in any regular session, provides that the General Assembly may extend the length of its legislative sessions by 10 days upon the vote of 3/5 of the membership of each House, with no session to extend beyond December 31.
  • KY H.B. 20 – Status: Failed (adjourned) – Relates to governmental emergencies.
  • KY H.B. 171 – Status: Failed (adjourned) – Repeals, reenacts, and amends KRS 39A.100 to limit declarations of emergency, including executive orders relating to an emergency, to 15 days unless extended by the General Assembly, prohibits the Governor from declaring a new emergency based on the same facts upon the expiration of the initial declaration, prohibit the Governor from suspending statutes or administrative regulations unless the subject matter is authorized by statute.
  • KY H.B. 192 – Status: Enacted – Relates to appropriations measures providing funding and establishing conditions for the operations, maintenance, support, and functioning of the government of the Commonwealth of Kentucky and its various officers, cabinets, departments, boards, commissions, institutions, subdivisions, agencies, and other state-supported activities. Provides that the state portion of the Coronavirus State and Local Fiscal Recovery Fund and the Coronavirus Capital Projects Fund of the American Rescue Plan Act of 2021 shall not be expended or appropriated without the express authority of the General Assembly.
  • KY H.B. 217 – Status: Failed (adjourned) – Prohibits the use of governmental funds in contravention of the provisions of a specified Statute, applies emergency order limitations to executive orders issued under a specified Statue, requires that emergency orders issued by the Governor be limited to 15 days, with extension only as provided by the General Assembly, requires that emergency orders issued by a chief executive of a local government be limited to 15 days with extension only as provided by the legislative body.
  • KY HJR 54 – Status: Failed (adjourned) – Directs the Governor to revoke the mask mandate.
  • KY S.B. 1 – Status: Enacted – Limits the effective dates of Executive Orders issued by the Governor unless an extension is approved by the General Assembly, prohibits the Governor from issuing a new Executive Order relating to the same emergency without the approval of the General Assembly.
  • KY S.B. 2 – Status: Enacted – Defines legislative committee; includes emergency administrative regulations without adequate justification in the list of administrative regulations that may be found deficient; specifies requirements for an emergency administrative regulation; provides for public comment and legislative review; specifies submission requirements for documentary evidence.
  • KY S.B. 24 – Status: Failed (adjourned) – Proposes to amend a specified Section of the Constitution of Kentucky relating to time and place of meetings of the General Assembly
  • KY S.B. 181 – Status: Failed (adjourned) – Establishes parameters for the General Assembly when called into session by Joint Proclamation, adjusts the compensation of members of the General Assembly during a veto recess period only upon ratification of a proposed constitutional amendment.

Louisiana

  • LA H.B. 149 – Status: Vetoed – Relates to termination of emergency declarations.
  • LA S.B. 136 – Status: Enacted – Provides that no identical emergency rule shall be adopted by an agency more than two consecutive times unless the agency is operating under a state or federal declaration of disaster, state or federal public health emergency, or ongoing emergency.

Massachusetts

  • MA H.B. 478 – Status: Pending – Relates to the power of the Governor to declare an emergency.
  • MA H.B. 2424 – Status: Pending – Relates to limiting the emergency Powers of the Governor. –

Maryland

  • MD H.B. 835 – Status: Failed (adjourned) – Prohibits the Governor from renewing a state of emergency or catastrophic health emergency for more than 30 days without approval from the General Assembly by joint resolution or, under certain circumstances, by a majority vote of the Legislative Policy Committee, clarifies that a state of emergency expires under certain circumstances.
  • MD H.B. 1003 – Status: Enacted – Requires the Governor or the head of a certain unit to provide written notice to the Legislative Policy Committee within 72 hours after the earlier of the execution of the contract or the expenditure of funds when authorizing an emergency procurement during a State of emergency under certain circumstances, requires the Office of Legislative Audits to perform a certain audit within 1 year after an emergency procurement is executed under certain circumstances.
  • MD S.B. 780 – Status: Enacted – Requires the Governor or the head of a certain unit to provide certain notice to the Legislative Policy Committee within 72 hours after the earlier of the execution of the contract or the expenditure of the funds when authorizing a certain emergency procurement during a state of emergency under certain circumstances, requires the Office of Legislative Audits to perform a certain audit within 8 months after an emergency procurement is executed under certain circumstances.
  • MD S.B. 929 – Status: Failed (adjourned) – Relates to States of Emergency and catastrophic health emergencies.

Maine

  • ME H.B. 87 – Status: Failed – Limits a state of emergency proclaimed by the Governor to 30 days. It requires subsequent renewals of a state of emergency to receive approval from 2/3 of the membership of the Legislature. It also amends the Governor's powers during a state of emergency.
  • ME H.B. 444 – Status: Failed – Regards the Governor's emergency powers, requires the Governor to convene the Legislature if a declared state of emergency is to be in effect for longer than 30 days, provides that if the Legislature does not, by a 2/3 vote in each House, vote to extend the state of emergency, the Governor may not declare a similar, subsequent state of emergency.
  • ME H.B. 464 – Status: Failed – Protects businesses and civic and religious organizations from actions taken pursuant to an emergency proclamation, requires any action taken pursuant to an emergency proclamation of the Governor intended to abate, clean up or mitigate whatever danger may exist within an affected area to be approved by a 2/3 vote of the Legislative Council if the action would directly result in the temporary or permanent closure of a business or a civic or religious organization.
  • ME H.B. 726 – Status: Failed – Establishes balance in the Governor's emergency powers, places limitations on the powers of the Governor to issue and maintain powers pursuant to an emergency proclamation, in requiring an extension of an emergency proclamation beyond 7 days to be approved by a 2/3 vote of each House of the Legislature, limits the length of the time period of an emergency proclamation to 7 days.
  • ME H.B. 757 – Status: Failed – Promotes transparent emergency management, requires an order issued by the Governor following the declaration of a state of emergency to expire 30 days following the issuance of the order, termination of the state of emergency by the Governor or the Legislature or declaration of a different state of emergency by the Governor, whichever occurs first.
  • ME H.B. 815 – Status: Failed – Requires the Governor to convene the Legislature if a declared state of emergency is to be in effect for longer than 90 days if the Legislature does not, by a 2/3 vote in each House, vote to extend the state of emergency, the Governor may not declare a similar, subsequent state of emergency, requires the Governor to convene the Legislature if, after a state of emergency is declared, an order or rule issued by the Governor is to be in effect for longer than 90 days.
  • ME H.B. 895 – Status: Failed – Requires a two-thirds vote of the legislature every 2 Weeks to maintain a state of emergency declared by the Governor.
  • ME LR 263 – Status: Failed – Requires a majority vote of the house and senate in order for the governor to extend a civil state of emergency.
  • ME LR 510 – Status: Failed – Concerns the governor's emergency powers.
  • ME S.B. 21 – Status: Failed – Requires a 2/3 vote of the Legislature to permit the Governor to extend a state of emergency.
  • ME S.B. 193 – Status: Failed – (Resolve) Establishes the Coronavirus disease 2019 Review Commission, establishes the Coronavirus disease 2019 Review Commission to study the State's response to Coronavirus disease 2019 and state laws, rules and policies governing that response in the State, provides that the commission must submit a report that includes its findings and recommendations, including suggested legislation, to the Joint Standing Committee on Health and Human Services no later than a specified date.
  • ME S.B. 315 – Status: Failed – Proposes an amendment to the constitution of Maine, requires legislative approval of any state of emergency lasting longer than 60 days, proposes a constitutional amendment that provides that a state of emergency proclaimed by the Governor may not continue for longer than 60 days unless approved by the Legislature every 60 days.
  • ME S.B. 329 – Status: Failed – Safeguards the peoples voice in a state of emergency, amends the provisions of law regarding the termination of a state of emergency by removing the Governor's authority to renew a state of emergency after 30 days and instead providing that the renewal of a state of emergency must be approved by a majority vote of each House of the Legislature upon request by the Governor.
  • ME S.B. 370 – Status: Failed – Requires that an expenditure proposed by the Governor from discretionary funds not otherwise earmarked for use by the State that are received directly by the State from the Federal Government due to the Coronavirus pandemic following the effective date of this Act must be approved by a majority vote of both houses of the Legislature.

Michigan

Minnesota

  • MN H.B. 124 – Status: Pending--carryover – Relates to public safety, requires legislative approval to extend the duration of a peacetime emergency declared by the governor, limits duration of peacetime emergency extensions.
  • MN H.B. 371 – Status: Pending--carryover – Relates to state government, permits the legislature to terminate any order or rule adopted by the governor directing a response to a peacetime emergency if the emergency is continued for more than 30 days.
  • MN H.B. 1346 – Status: Pending--carryover – Relates to public safety, limits duration of peacetime emergencies to 14 days, requires legislative approval for extending a peacetime emergency beyond 14 days.
  • MN H.B. 1515 – Status: Pending--carryover – Relates to state government, defines public health emergency, clarifies governor's authority to declare a peacetime emergency for a public health emergency, terminates executive orders issued during a peacetime emergency lasting more than 30 days unless ratified by the legislature, modifies vote and quorum requirements during a peacetime emergency.
  • MN H.B. 1952 – Status: Enacted (sections related to extensions of a peacetime emergency were amended out) – Relates to operation of state government, appropriates money for the legislature, office of the governor and lieutenant governor, secretary of state, attorney general, state auditor, Military and Veterans Affairs, and certain state agencies, departments, offices, boards, commissions, councils, Minnesota State Lottery, Minnesota Humanities Center, and certain retirement accounts, cancels certain 2021 appropriated funds, modifies Legislative Coordinating Commission provisions.
  • MN H.B. 2085 – Status: Pending--carryover – Relates to state government, requires legislative approval for extending a peacetime emergency past 30 days.
  • MN H.B. 2106 – Status: Pending--carryover – Relates to emergency powers, nullifies Executive Order 20-79, prohibits the governor from issuing modifications to landlord and tenant law, modifies requirements of 504B.
  • MN H.B. 2202 – Status: Pending--carryover – Relates to public safety, requires three-fifths majority approval from both legislative bodies to extend peacetime emergencies beyond 30 days.
  • MN H.B. 2204 – Status: Pending--carryover – Relates to emergency management, repeals governor's power to declare emergency, establishes a legislative emergency declaration and extension process, repeals governor's authority to adopt orders and expedited rules that have the effect of law during an emergency, protects citizen rights, makes technical corrections.
  • MN HCR 1 – Status: Pending--carryover – Terminates the peacetime emergency.
  • MN HCR 2 – Status: Pending--carryover – Terminates the Peacetime Emergency.
  • MN HCR 3 – Status: Pending--carryover – Terminates the Peacetime Emergency.
  • MN S.B. 4 – Status: Pending--carryover – Relates to public safety, requires legislative approval to extend the duration of a peacetime emergency declared by the governor, limits duration of peacetime emergency extensions.
  • MN S.B. 6 – Status: Pending--carryover – Relates to state government, permits the legislature to terminate any order or rule adopted by the governor directing a response to a peacetime emergency if the emergency is continued for more than 30 days.
  • MN S.B. 1528 – Status: Pending--carryover – Relates to state government, defines public health emergency, clarifies governor's authority to declare a peacetime emergency for a public health emergency, terminates executive orders issued during a peacetime emergency lasting more than 30 days unless ratified by the legislature, modifies vote and quorum requirements during a peacetime emergency.
  • MN S.B. 1831 – Status: Failed – Relates to operation of state government, appropriates money for the legislature, Office of the Governor and Lieutenant Governor, secretary of state, attorney general, state auditor, and certain state agencies, departments, offices, boards, commissions, councils, Minnesota State Lottery, Minnesota Humanities Center, and certain retirement accounts.
  • MN S.B. 2288 – Status: Pending--carryover – Relates to public safety, requires three-fifths majority approval from both legislative bodies to extend peacetime emergencies beyond 30 days.
  • MN S.B. 2356 – Status: Pending--carryover – Relates to emergency management, repeals governor's power to declare emergency, establishes a legislative emergency declaration and extension process, repeals governor's authority to adopt orders and expedited rules that have the effect of law during an emergency, protects citizen rights, makes technical corrections.

Missouri

  • MO S.B. 7 – Status: Failed (adjourned) – (Special session) This act adds a definition for "disaster area" which is an area designated by the Governor or by resolution of the General Assembly. This act requires that any emergency be limited to the least restrictive geographic area and in the least intrusive means possible. Additionally, this act limits emergencies proclaimed by the Governor to 10 days unless extended by resolution of the General Assembly for no more than 30 days. Emergencies may also be declared by a joint resolution of the General Assembly. Joint Resolutions to declare or extend an emergency must be passed by a 2/3 majority of the members of the General Assembly
  • MO S.B. 502 – Status: Failed (adjourned) – Modifies provisions relating to emergency powers in disasters.

Mississippi

  • MS H.B. 1327 – Status: Failed – Revises the definitions of state of emergency, local emergency and natural emergency in the Mississippi Emergency Management Law to include an epidemic and a pandemic, provides a maximum time period for any state of emergency or declaration of emergency impact area, prohibits continuations of such emergencies except by legislative enactment, authorizes the Mississippi Department of Health to receive and store dead human bodies when the governor proclaims a state of emergency.
  • MS S.B. 2190 – Status: Failed – Revises the definition of the term "natural emergency" as used in the Emergency Management Law to include a public health emergency such as an epidemic or a pandemic, limits the duration of certain state of emergencies to 45 days unless extended by the legislature, authorizes the Governor, upon guidance from the Department of Health, to allow certain medical professional licensees in other states to perform professional services in state during the period of a declared emergency. –

Montana

  • MT H.B. 122 – Status: Failed – Revises disaster and emergency services, expedites the special session polling process during a disaster or emergency declaration, limits the duration of a governor's declaration of disaster or emergency, eliminates a continuing disaster or emergency based on actions of the President of the United States, expands legislative authority and involvement during a disaster or emergency, provides for termination of a statutory appropriation during a disaster or emergency by joint resolution.
  • MT H.B. 158 – Status: Vetoed – Creates a COVID-19 response study commission, establishes the membership, duties, and reporting requirements of the commission, provides an appropriation.
  • MT H.B. 159 – Status: Enacted – Revises governor's power to spend certain unanticipated federal funds, relates to emergency and disaster services, relates to legislature, relates to state government.
  • MT H.B. 230 – Status: Enacted – Revises Emergency and Disaster Laws, limits the length of time for martial rule legislative approval, provides for an expedited legislative poll by the Secretary of State to extend a Governor's declaration of emergency or disaster, expedites the special session polling process during a disaster or emergency declaration, provides for a continued state of emergency or disaster for a drought, earthquake, flood, or wildfire, prohibits discriminatory action by the government, providing for civil relief.
  • MT H.B. 316 – Status: Failed – Revises Governor's emergency authority and provide appeal for county's decisions, relates to emergency and disaster services, relates to health, relates to legislature, relates to local government, relates to state government.
  • MT H.B. 429 – Status: Enacted – Revises Governor's power to suspend election laws during emergency, relates to elections, relates to emergency and disaster services, relates to legislature, relates to State government.
  • MT HJR 20 – Status: Failed – Concerns joint resolution to terminate the current declaration of emergency, disaster, relates to emergency and disaster services, relates to legislature, relates to state government.
  • MT S.B. 227 – Status: Enacted – Provides for repeal of administrative rules by joint resolution, relates to administrative rules, revision or repeals, relates to legislature, relates to state government.

North Carolina

  • NC H.B. 264 – Status: Vetoed by governor > to House Committee – Clarifies the expiration of a state of emergency and the exercise of certain powers under a state of emergency, to clarify the abatement of statewide imminent hazards, and to clarify statewide quarantines.
  • NC H.B. 564 – Status: Pending – Amends the Constitution of the State to limit the length of time gubernatorial executive orders are in effect with the concurrence of a majority of the council of state.
  • NC S.B. 346 – Status: Pending – Defines and clarify the process by which an executive order is issued by the Governor.
  • NC S 105 – Status: Enacted – Provides that if the Council of State concurs with a declaration of emergency, the declaration of emergency shall expire 60 calendar days after issuance, unless the General Assembly extends it by enactment of a general law. If the General Assembly does not extend the declaration of emergency by enactment in accordance with this subdivision, the Governor shall not issue a substantially similar declaration of emergency arising from the same events that formed the basis to issue the initial declaration of emergency that was not extended.

North Dakota

  • ND H.B. 1118 – Status: Enacted – Relates to the governor's authority to issue executive orders and permitting a virtual meeting of the legislative management and a virtual session of the legislative assembly during a declared disaster or emergency, relates to the authority of the state health officer and the gubernatorial declaration of disaster or emergency.
  • ND H.B. 1495 – Status: Failed – Relates to the state health officer's authority and the governor's and legislative assembly's authority during a declared state of disaster or emergency, provides a penalty.
  • ND HCR 3005 – Status: Failed – Amends and reenacts section 7 of Article IV of the Constitution of North Dakota, relating to reconvening the legislative assembly to address an emergency or to consider a veto.
  • ND HCR 3007 – Status: Failed – Terminates the state of emergency in North Dakota declared by Governor Doug Burgum on March 13, 2020, in response to the public health crisis resulting from the SARS-CoV-2 pandemic, commonly known as Coronavirus disease 2019.
  • ND S.B. 2124 – Status: Failed – Relates to permitting a virtual special session of the legislative assembly during an emergency or disaster, relates to the state health officer's and governor's authority during a declared disaster or emergency, provides a penalty.

Nebraska

  • NE LR 27 – Status: Pending--carryover – Proposes a Constitutional amendment to provide legislative authority in emergencies resulting from a pandemic. –

New Hampshire

  • NH H.B. 2 – Status: Enacted – Provides that the governor notify the speaker of the house of representatives and the senate president of the impending issuance of emergency orders under this section and provide a description of such orders. The general court shall have the same power to declare a state of emergency by concurrent resolution of the house and senate. A state of emergency shall terminate automatically 21 days after its declaration unless it is renewed under the same procedures set forth in paragraph I of this section. The 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. Ninety days from the date of declaration of a state of emergency, and every 90 days thereafter, the governor shall call, and address a joint session of the general court within 5 business days. At such joint session, the legislature shall vote on whether to terminate the state of emergency by concurrent resolution adopted by a simple majority of both chambers acting separately. No federal, private, or other non-state gift, grant, or loan for purposes of emergency powers of the state which exceeds $100,000, shall be accepted until such action shall be approved by the fiscal committee of the general court according to RSA 14:30-a.
  • NH H.B. 63 – Status: Pending – Provides that the state shall not enforce, and shall reverse, any prior finding of violation of the governor's emergency orders regarding the Coronavirus disease 2019 pandemic, relates to the bill also provides for annulment of an arrest or criminal conviction for violation of an emergency order issued in response to Coronavirus disease 2019.
  • NH H.B. 187 – Status: Enacted – Related to the emergency powers of the commissioner of health and human services and the membership of the oversight committee on health and human services. Provides that the commissioner shall notify the speaker of the house of representatives, the senate president, the chair of the house committee on health, human services and elderly affairs and the chair of the senate committee on health and human services of the impending issuance of emergency orders under this section and provide a description of such orders. Also provides that the legislature may terminate an emergency order issued under this chapter by a majority vote of both the senate and the house of representatives. A majority vote shall consist of a majority of members present and voting in each chamber acting separately. The commissioner’s power to renew an emergency order under this chapter shall terminate upon a majority vote of both chambers under this section; provided, however, that such vote shall not preclude the commissioner from issuing a new emergency order during the state of emergency for different circumstances.
  • NH H.B. 275 – Status: Pending – Revises the governor's emergency management powers and requires the legislature or executive council to renew a state of emergency.
  • NH H.B. 277 – Status: Failed – Provides that either chamber of the legislature, acting separately, may terminate a state of emergency order by petition.
  • NH H.B. 280 – Status: Pending – Provides that the legislature may terminate an emergency order, or any part of an emergency order, by concurrent resolution, adopted by a majority of vote of each chamber.
  • NH H.B. 417 – Status: Pending – Terminates a state of emergency called by the governor after a specified number of days and modifies the procedure for renewal, requires any orders issued during the period of a renewal of the state of emergency shall be subject to prior approval by the legislature, requires executive council approval in the acceptance of services, equipment, supplies, materials, or funds from the federal government.
  • NH H.B. 433 – Status: Failed – Permits the governor to renew a state of emergency only once, after which time, with limited exception, it must be renewed by a concurrent resolution passed by the legislature.
  • NH H 1037 – Status: Pending – Relates to the governor's duties during a state of emergency.
  • NH H 1321 – Status: Pending – Relates to the governor's power to declare a state of emergency.
  • NH LSR 220 – Status: Failed – Repeals certain emergency declaration powers.
  • NH LSR 2160 – Status: Pending – Relates to the governor's power to declare a state of emergency.

New Jersey

  • NJ A.B. 4147 – Status: Pending – Limits to 14 days effective period of certain emergency orders, rules, or regulations.
  • NJ A.B. 4212 – Status: Pending – Limits the number of days of an effective period for certain emergency orders, rules, or regulations.
  • NJ A.B. 4255 – Status: Pending – Concerns Murphy's Law, nullifies Governor's order, rule, or regulation to address declared emergency, or relevant portion thereof, when Governor violates same, creates affirmative defense to prosecution for same violation committed by Governor.
  • NJ A.B. 5820 – Status: Enacted – Provides for termination of public health emergency declared by Governor to address Coronavirus 2019 pandemic, except certain executive orders, directives, and Powers will remain in effect temporarily.
  • NJ ACR 181 – Status: Pending – Proposes a constitutional amendment to limit the effective period of certain emergency orders, rules, or regulations issued by the Governor.
  • NJ S.B. 2482 – Status: Pending – Limits to fourteen days the effective period of certain emergency orders, rules, or regulations.
  • NJ S.B. 2579 – Status: Pending – Authorizes religious corporations to hold remote meetings during state of emergency declared by Governor.
  • NJ S.B. 2613 – Status: Pending – Concerns Murphy's Law, nullifies Governor's order, rule, or regulation to address declared emergency, or relevant portion thereof, when Governor violates same, creates affirmative defense to prosecution for same violation committed by Governor.
  • NJ SCR 117 – Status: Pending – Proposes constitutional amendment to limit effective period of certain emergency orders, rules, or regulations issued by Governor to 14 days.

New Mexico

  • NM SJR 20 – Status: Failed (adjourned) – Relates to 2/3 for some extraordinary sessions, ca.
  • NM HJR 1 a – Status: Failed (adjourned) – Relates to timing of special sessions.
  • NM S.B. 4 a – Status: Failed (adjourned) – Relates to termination and renewal of public health orders.

Nevada

  • NV A.B. 93 – Status: Failed – Relates to emergency management, requires a state of emergency or declaration of disaster proclaimed by the Governor to terminate after 15 days unless the Legislature expressly approves a continuance of the emergency or disaster, prohibits the Governor from proclaiming the existence of a state of emergency or declaration of disaster due to the same occurrence or threatened occurrence as that of an emergency or disaster which has terminated unless the Legislature expressly approves the proclamation.
  • NV A.B. 373 – Status: Failed – Relates to emergency management, authorizes a board of county commissioners to issue certain emergency orders relating to public health that impose requirements and restrictions which are less stringent than those imposed by certain emergency orders or regulations made by the Governor, requires a state of emergency or declaration of disaster proclaimed by the Governor to terminate after 15 days if the Governor exercises his or her emergency powers in a manner that imposes a requirement.
  • NV ACR 2 – Status: Failed – Terminates the emergency described in the Declaration of Emergency for coronavirus issued by the Governor on a specified date.
  • NV S.B. 88 – Status: Failed – Relates to emergency management, clarifies the termination date of and certain limitations on actions taken by a state agency pursuant to an order or regulation made by the Governor under certain emergency powers of the Governor, requires a state of emergency or declaration of disaster proclaimed by the Governor to terminate after 30 days unless the Legislature expressly approves a continuance of the emergency or disaster, provides other matters properly relating thereto.
  • NV S.B. 97 – Status: Failed – Relates to emergency management, provides that any provision in an emergency directive, order or regulation made by the Governor relating to Coronavirus disease 2019 that imposes certain limits on public gatherings does not apply to certain events held for the purpose of administering a vaccine for Coronavirus disease 2019, provides other matters properly relating thereto. –

New York

  • NY A.B. 1172 – Status: Pending – Relates to the length of time of a state disaster emergency declaration, requires the Governor to transmit a weekly report to the legislature during a state disaster emergency, relates to the communication between the Governor and parties affected by a suspension of Laws during a state disaster emergency.
  • NY A.B. 4720 – Status: Pending – Relates to limiting the power of the governor to give an executive order or otherwise direct an executive agency to take any action that contradicts state law.
  • NY A.B. 4907 – Status: Pending – Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days and ensures judicial due process rights for any action that impairs fundamental constitutional rights by limiting the Powers of the governor to suspend Laws during a state disaster emergency and requiring a specification and explanation of which municipalities are affected by such suspension of Laws.
  • NY A.B. 5967 – Status: Pending – Provides that the legislature may terminate by concurrent resolution a state disaster emergency issued under section 28 of the executive law, authorizes any directive issued pursuant to chapter 23 of the Laws of 2020, in effect at the time of the repeal of such chapter shall be permitted to continue for 30 days from the date of such repeal, subject to certain provisions, makes related provisions.
  • NY S.B. 1749 – Status: Pending – Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days and ensures judicial due process rights for any action that impairs fundamental constitutional rights by limiting the Powers of the governor to suspend Laws during a state disaster emergency and requiring a specification and explanation of which municipalities are effected by such suspension of laws.
  • NY S.B. 2246 – Status: Pending – Amends the Executive Law, eliminates the powers of the governor to issue any directive necessary to respond to a state disaster.
  • NY S.B. 3878 – Status: Pending – Relates to the length of time of a state disaster emergency declaration, requires the governor to transmit a weekly report to the legislature during a state disaster emergency and relates to the communication between the governor and parties affected by a suspension of Laws during a state disaster emergency.
  • NY S.B. 4888 – Status: Pending – Revokes the extension of emergency powers granted to the governor related to the outbreak of Coronavirus disease 2019.
  • NY S.B. 5357 – Status: Enacted – Provides that the legislature may terminate by concurrent resolution a state disaster emergency issued under section 28 of the executive law, authorizes any directive issued pursuant to chapter 23 of the Laws of 2020, in effect at the time of the repeal of such chapter shall be permitted to continue for 30 days from the date of such repeal, subject to certain provisions, makes related provisions. –

Ohio

  • OH H.B. 90 – Status: Pending – Establishes legislative oversight of the Governor's executive orders, certain public health orders, and emergency rules, including by establishing the Health Oversight and Advisory Committee.
  • OH H.B. 267 – Status: Pending – Limits the duration of public health orders, allows the General Assembly to act via concurrent resolution in response to a public health emergency if the Governor or Department of Health does not.
  • OH S.B. 22 – Status: Enacted – Establishes legislative oversight of certain orders and rules issued by the executive branch, including by establishing the Ohio Health Oversight and Advisory Committee.

Oklahoma

  • OK H.B. 1670 – Status: Pending--carryover – Relates to public health and safety, relates to emergency Powers of the Governor, provides for termination of States of emergency, provides for legislative extensions, provides an effective date.
  • OK H.B. 2337 – Status: Pending--carryover – Relates to public health and safety, relates to Powers and duties of the director of the Oklahoma Department of Emergency Management, modifies scope of authority, relates to emergency Powers of the Governor, limits duration of certain proclamations, provides for approval of extension by Legislature, provides an effective date.
  • OK H.B. 2932 – Status: Enacted – Relates to public finance; makes legislative findings related to federal funds allocated pursuant to the Coronavirus Aid, Relief, and Economic Security Act; prohibits entities within the executive branch of state government from using CARES funds in certain manner; provides exception; imposes prohibition with respect to federal funds allocated on or after designated date; provides for codification; provides for noncodification; declares an emergency.

Oregon

  • OR H.B. 2020 – Status: Failed (adjourned) – Establishes durational limits for states of emergency declared under certain statutes.
  • OR H.B. 2243 – Status: Failed (adjourned) – Requires that declarations and extensions of States of emergency under certain statutes be accompanied by written explanations.
  • OR H.B. 2713 – Status: Failed (adjourned) – Limits Governor's ability to exercise authority conferred on Governor during declared state of emergency to no more than a certain number of days' duration, unless Legislative Assembly authorizes continued state of emergency.
  • OR H.B. 3153 – Status: Failed (adjourned) – Modifies Laws relating to duration and termination of States of emergency and emergency Powers under certain statutes.
  • OR S.B. 789 – Status: Failed (adjourned) – Establishes durational limits for States of emergency declared under certain statutes.
  • OR SJR 15 – Status: Failed (adjourned) – Proposes amendment to Oregon Constitution to require two-thirds majority vote in favor in each chamber of Legislative Assembly to pass Bills declaring emergency.

Pennsylvania

  • PA H.B. 55 – Status: Pending – (Joint Resolution) Proposing separate and distinct amendments to the Constitution of Pennsylvania, in declaration of rights, provides for prohibition against denial or abridgment of equality of rights because of race and ethnicity, relates to legislation, provides for action on concurrent orders and resolutions, relates to the executive, provides for disaster emergency declaration and management.
  • PA S.B. 2 – Status: Adopted (Joint Resolution) – Proposes separate and distinct amendments to the Constitution of Pennsylvania, in declaration of rights, provides for prohibition against denial or abridgment of equality of rights because of race and ethnicity, relates to legislation, provides for action on concurrent orders and resolutions, relates to the executive, provides for disaster emergency declaration and management.
  • PA SR 23 – Status: Pending – (Concurrent Resolution) Terminates the Proclamation of Disaster Emergency issued under the hand and Seal of the Governor, Thomas Westerman Wolf.

Rhode Island

  • RI H.B. 5863 – Status: Pending – Mandates that the general assembly convene within a specified time after the first extension of a declared state of emergency by the governor pursuant to his or her emergency powers.
  • RI H.B. 5940 – Status: Pending – Creates the joint committee on disaster oversight to study the impact of the governor's declaration of a disaster emergency.
  • RI S.B. 255 – Status: Pending – Limits the governor to one thirty day renewal of a declaration of emergency without a joint resolution of the general assembly.

South Carolina

  • SC H.B. 3387 – Status: Pending - carryover – Relates to a state of emergency, provides that the governor may not declare a new state of emergency which has the effect of extending another declaration, nor may the governor declare a new state of emergency for the same underlying disaster because of changed circumstances or a change in the degree of impact.
  • SC H.B. 3443 – Status: Pending - carryover – Relates to gubernatorial proclamations of emergency, removes references to public health emergencies, relates to powers and duties of the Governor during a declared emergency, provides that after the elapse of at least thirty days following the declaration of an emergency by the Governor, the President of the Senate and the Speaker of the House may convene their respective bodies for the purpose of considering such declaration.
  • SC H.B. 3526 – Status: Pending - carryover – Relates to the Governor's authority to issue proclamations of emergency, transfers this authority to the General Assembly and to establish conditions and procedures for the General Assembly to declare a State of Emergency, relates to powers of law enforcement officers during a State of Emergency, removes provisions concerning proclamations of a State of Emergency by the Governor, relates to the Governor's proclamation to disperse.
  • SC H.B. 3556 – Status: Pending - carryover – Relates to powers and duties of the governor during a declared emergency, provides that a declared state of emergency for a public health emergency shall not continue for a period of more than thirty days without the passage of a joint resolution by the general assembly expressly approving the declaration's continuation, provides that upon the expiration of the governor's original emergency declaration, he may not declare a new state of emergency based upon the same or substantially similar facts.
  • SC H.B. 3853 – Status: Pending - carryover – (Joint Resolution) Proposes an amendment to the state Constitution, relates to sessions of the General Assembly, requires the President of the Senate and the Speaker of the House of Representatives to convene the General Assembly in special session upon receipt of a joint written request signed by at least sixty percent of the membership of each body, which session shall commence no later than fifteen days after the requisite request is received by the president and the speaker.
  • SC S.B. 43 – Status: Pending - carryover – Relates to exemptions for executive orders, proclamations, or documents issued by the governor's office, deletes the provision that such orders are not subject to general assembly approval, relates to procedures for the publication of notice of a proposed promulgation of regulations, public participation, and a contest of regulation for procedural defects, provides for notice, provides that all written submissions, transcripts, or recordings of oral submissions must be provided to the Small Business.
  • SC S.B. 103 – Status: Pending - carryover – Sets forth the circumstances and procedures by which the governor may lawfully declare a state of emergency.
  • SC S.B. 104 – Status: Pending - carryover – Enacts the Emergency Order Balance of Powers Act, relates to a proclamation of an emergency by the governor, sets forth actions that would make the proclamation ineffective, allows the governor to renew a state of emergency in periods of no greater than fifteen days.
  • SC S.B. 382 – Status: Pending - carryover – Relates to a proclamation of emergency by the Governor, provides that a state of emergency declared by the Governor may not last more than fifteen days unless the General Assembly adopts a concurrent resolution authorizing the state of emergency to remain in place for a longer period of time, provides that inaction by the General Assembly does not constitute consent.
  • SC S.B. 803 – Status: Adopted (Senate Resolution) – Declares that the Senate declines to consent to an extension or renewal of the current State of Emergency or the issuance of any new coronavirus-related State of Emergency without the express consent of the General Assembly.

Tennessee

  • TN H.B. 247 – Status: Pending--carryover – Requires the governor to notify the speakers of the senate and house of representatives at least five days prior to the renewal of a declaration of a state of emergency.
  • TN H 869 – Status: Failed (adjourned) – Authorizes the general assembly to end a state of emergency that was declared because of a public health emergency by the passage of a joint resolution; requires the governor to provide certain information to the general assembly relative to a declared state of emergency based on a public health emergency.
  • TN H.B. 1347 – Status: Pending--carryover – Requires the general assembly to review an executive agency created by executive order of the governor under the governor's emergency management Powers, authorizes the general assembly to either continue or discontinue the executive agency and its function, directs that all public purchases and contracts for goods and services entered into by an executive agency are subject to state purchasing law requirements.
  • TN H 9029 (special session) – Status: Failed – adjourned – Relates to Civil Emergencies; reduces the specified time period that the governor can declare a state of emergency; requires the general assembly to authorize an extension of the state of emergency by joint resolution; prohibits the governor from shutting businesses down, restricting the freedom of travel and assembly of citizens, or expending funds without approval of such actions by the general assembly.
  • TN S 9030 (special session) – Status: Failed – adjourned – Relates to Public Health; limits the governor's declaration of a state of emergency or issuance of an executive order in response to a public health emergency to no more than 15 days; requires the approval of the speaker of the senate and the speaker of the house of representatives for the declaration or order to become effective; requires a joint resolution of the general assembly to authorize an extension.
  • TN H 9075 – Status: Enacted – (Special session) Relates to executive actions and powers exercised by the governor; provides that a state of emergency shall continue until the governor finds that the threat or danger has been dealt with to the extent that the emergency conditions no longer exist and the governor terminates the state of emergency by executive order or proclamation, but no state of emergency may continue for longer than forty five days unless renewed by the governor.
  • TN S 859 – Status: Failed (adjourned) – Authorizes the general assembly to end a state of emergency that was declared because of a public health emergency by the passage of a joint resolution; requires the governor to provide certain information to the general assembly relative to a declared state of emergency based on a public health emergency.
  • TN S.B. 1603 – Status: Pending--carryover – Requires the general assembly to review an executive agency created by executive order of the governor under the governor's emergency management Powers, authorizes the general assembly to either continue or discontinue the executive agency and its function, directs that all public purchases and contracts for goods and services entered into by an executive agency are subject to state purchasing law requirements.
  • TN S 9024 (special session) – Status: Failed – adjourned – Relates to Civil Emergencies; reduces the specified time period that the governor can declare a state of emergency; requires the general assembly to authorize an extension of the state of emergency by joint resolution; prohibits the governor from shutting businesses down, restricting the freedom of travel and assembly of citizens, or expending funds without approval of such actions by the general assembly.

Texas

  • TX H.B. 311 – Status: Failed (adjourned) – Relates to the declaration and length of a State of disaster or public health disaster.
  • TX H.B. 1557 – Status: Failed (adjourned) – Relates to the authority of the governor and the legislature with respect to certain declared states of disaster.
  • TX H.B. 3780 – Status: Failed (adjourned) – Relates to renewal of a state of disaster declared to address a communicable disease.
  • TX H.B. 3782 – Status: Failed (adjourned) – Relates to governmental authority to close private and public schools.
  • TX H.B. 3785 – Status: Failed (adjourned) – Relates to the governor's authority to suspend regulatory statutes, orders, and rules during a declared state of disaster.
  • TX HJR 15 – Status: Failed (adjourned) – Applies to the Congress of the United States to call a convention under Article V of the United States Constitution for the limited purpose of proposing an amendment to the constitution to prohibit abortion, euthanasia, and certain other acts.
  • TX HJR 42 – Status: Failed (adjourned) – Proposes a constitutional amendment regarding certain powers of the governor in issuing orders or proclamations, specifies the powers of the legislature in special sessions called following certain disaster or emergency declarations.
  • TX HJR 47 – Status: Failed (adjourned) – Proposes a constitutional amendment requiring the governor to convene the legislature in special session following certain disaster or emergency declarations, specifies the powers of the legislature in those special sessions.
  • TX HJR 60 – Status: Failed (adjourned) – Proposes a constitutional amendment requiring the lieutenant governor and speaker of the house of representatives to call the legislature into special session on petition of at least two thirds of the members of each house of the legislature in response to a fiscal crisis, war, natural disaster, or emergency.
  • TX HJR 65 – Status: Failed (adjourned) – Proposes a constitutional amendment requiring the governor to call the legislature into special session on petition of at least two thirds of the members of each house of the legislature.
  • TX HJR 150 – Status: Failed (adjourned) – Proposes a constitutional amendment to authorize the legislature to review and terminate an order issued by the governor during a state of disaster or emergency declared by the governor.
  • TX HJR 151 – Status: Failed (adjourned) – Proposes a constitutional amendment requiring the legislature to convene into special session on petition of at least two-thirds of the members of each house of the legislature following certain disaster or emergency declarations.
  • TX HJR 153 – Status: Failed (adjourned) – Proposes a constitutional amendment authorizing the legislature to provide for legislative review or approval of certain state agency rules adopted in response to a threat to public health, safety, or welfare.
  • TX HJR 160 – Status: Failed (adjourned) – Proposes a constitutional amendment requiring the governor to call the legislature into special session following certain disaster or emergency declarations and specifying the powers of the legislature in those special sessions.
  • TX S.B. 18 – Status: Failed (adjourned) – Relates to authority of the governor and certain political subdivisions to regulate firearms, ammunition, knives, air guns, explosives, and combustibles and certain associated businesses during certain disasters and emergencies.
  • TX S.B. 525 – Status: Failed (adjourned) – Relates to an emergency rule adopted by a State agency during certain periods of disaster.
  • TX S.B. 1025 – Status: Failed (adjourned) – Relates to the authority of the legislature and governor with respect to certain disaster or emergency declarations.
  • TX SJR 20 – Status: Failed (adjourned) – Proposes a constitutional amendment requiring the lieutenant governor and speaker of the house of representatives to call the legislature into special session on petition of at least two-thirds of the members of each house of the legislature in response to a fiscal crisis, war, natural disaster, or emergency.
  • TX SJR 29 – Status: Failed (adjourned) – Proposes a constitutional amendment requiring the governor to call the legislature into special session following certain disaster or emergency declarations and specifying the powers of the legislature in those special sessions.
  • TX SJR 33 – Status: Failed (adjourned) – Proposes a constitutional amendment authorizing the lieutenant governor and speaker of the house of representatives to call the legislature into special session and to designate the subjects of legislation considered at certain special sessions.
  • TX SJR 45 – Status: Failed (adjourned) – Proposes a constitutional amendment regarding the powers of the governor and the legislature following certain disaster or emergency declarations.
  • TX SJR 50 – Status: Failed (adjourned) – Proposes a constitutional amendment to authorize the legislature to review and terminate an order issued by the governor during a state of disaster or emergency declared by the governor.

Utah

  • UT H.B. 114 – Status: Failed – Makes changes to the epidemic emergency procurement process, amends the amount the governor may spend for an emergency procurement during an epidemic or pandemic before notice has to be provided to the Legislature, details the notice requirements after an emergency procurement, requires that a copy of the contract shall be made available to legislators.
  • UT S.B. 195 – Status: Enacted – Amends provisions related to emergency powers and public health emergencies, limits Department of Health and local health department powers related to public health emergency declarations, limits emergency powers of the governor and chief executives of local governments, creates a legislative committee, requires reasonable accommodations be provided for certain religious practices or rites, requires certain notification, requires review of certain rules and executive orders. –

Virginia

  • VA H.B. 2087 – Status: Failed – Relates to Emergency Services and Disaster Law, relates to limitation on duration of executive orders, limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 45 days from the date of issuance.
  • VA H.B. 2149 – Status: Failed – Relates to Emergency Services and Disaster Law, relates to limitation on duration of executive orders, limits the duration of any rule, regulation, or order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 60 days from the date of issuance.
  • VA HJR 513 – Status: Failed – Proposes a constitutional amendment, relates to executive power, relates to state of emergency, relates to special session, limits the authority of the Governor to issue an executive order declaring a state of emergency that restricts, limits, or prohibits otherwise lawful action by a private business, nonprofit entity, or individual for a period more than 45 days in duration without approval by the General Assembly.
  • VA HJR 514 – Status: Failed – Proposes a constitutional amendment, relates to special sessions, relates to required in certain States of emergency, requires the Governor to convene a special session whenever declaring a state of emergency for a period that exceeds 90 days or whenever extending a state of emergency for a period that exceeds 90 days in the aggregate.
  • VA S.B. 1131 – Status: Failed – Relates to Emergency Services and Disaster Law, relates to limitation on duration of executive orders, limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than a specified number of days from the date of issuance.
  • VA S.B. 1378 – Status: Failed – Relates to Emergency Services and Disaster Law, relates to limitation on duration of executive orders, limits the duration of any rule, regulation, or order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 30 days from the date of issuance. –

Washington

  • WA H.B. 1013 – Status: Pending - Carryover – Limits the duration of emergency rules.
  • WA H.B. 1020 – Status: Pending - Carryover – Concerns the emergency Powers of the governor.
  • WA H.B. 1029 – Status: Pending - Carryover – Concerns orders and rules during a state of emergency.
  • WA H.B. 1060 – Status: Pending - Carryover – Concerns orders and rules during a state of emergency.
  • WA H.B. 1381 – Status: Pending - Carryover – Limits the governor's emergency powers, ensuring legislative balance of power, and regulating government agency emergency authority.
  • WA H.B. 1557 – Status: Pending - Carryover – Increases legislative involvement in gubernatorial proclamations relating to a state of emergency.
  • WA S.B. 5100 – Status: Pending - Carryover – Prohibits the adoption of rules for the enforcement of gubernatorial emergency orders without legislative approval.
  • WA S.B. 5039 – Status: Pending - Carryover – Subjects all gubernatorial emergency orders to legislative approval after thirty days.
  • WA S.B. 5196 – Status: Pending - Carryover – Describes how the legislature may convene a special session.
  • WA SJR 8201 – Status: Pending - Carryover – Amends the state Constitution to allow the legislature to convene a special session upon an affirmative vote of three-fifths of its members.

Wisconsin

  • WI A.B. 149 – Status: Pending – Concerns legislative oversight of federal Coronavirus disease 2019 funds.
  • WI S.B. 183 – Status: Vetoed – Concerns legislative oversight of federal COVID 19 funds.

West Virginia

  • WV H.B. 2003 – Status: Failed (adjourned) – Relates to the authority and obligations of the Governor and Legislature when in declared States of preparedness and emergency, clarifies the authority and obligations of the Governor during periods of preparedness and emergency, provides requirements for any proclamation or resolution issued relating to a state of preparedness or emergency, specifies new criteria for the duration and termination of states of preparedness and emergency, provides for the extension of states of emergency.
  • WV S.B. 355 – Status: Failed (adjourned) – Relates to emergency powers of Governor.

Wyoming

  • WY H.B.127 – Status: Enacted – Provides that any order issued under this section that restricts individuals' movements or their ability to engage in any activity, that applies to individuals not under an isolation or quarantine order and that is designed to prevent or limit the transmission of a contagious or possibly contagious disease shall be effective for a period of not more than ten (10) days. Subsequent orders for the same or substantially same purpose shall only be issued by the governor, with consultation provided by the state health officer and shall be in effect for not more than sixty (60) days.
  • WY H.B. 150 – Status: Enacted – Relates to public funds and administration of government; amends authority, requirements and procedures for the executive department's acceptance and expenditure of federal funds; amends the authority of the executive department and requirements and procedures for the modifications of amounts authorized for expenditure of other funds under emergencies and other circumstances; specifies restrictions on budgeting authority conferred on the executive department.
  • WY S.B. 80 – Status: Failed – Relates to public health orders, imposes limitations on the declaration of public health emergencies, imposes requirements and limitations on state and county public health orders as specified, requires ratification of state and county public health orders, authorizes local oversight of state public health orders, makes conforming amendments and technical corrections, specifies applicability, provides for an effective date.
  • WY S.B. 118 – Status: Enacted – Relates to emergency expenses of government; authorizes expenditure of COVID-2019 relief funds on previously approved projects, grants or procurements; authorizes the governor to recreate expired programs for COVID-19 aid and relief; authorizes emergency government programs; provides certain exemptions from procurement statutes; provides an appropriation to restore funding for the operation of State government; specifies conditions on appropriations, reappropriations, and expenditure of funds.

Guam

  • GU B 11 – Status: Vetoed – Enacts the Restoration of Separation of Powers Act.

Puerto Rico

  • PR H.B. 515 – Status: Pending – Creates the Law for the Supervision and Accountability in Times of Emergency, establishes the terms of a state of emergency, prohibits the suspension of Laws due to a state of emergency while the Legislative Assembly is in session, establishes the duty of the Governor to submit reports every 15 days to the Legislative Assembly if a state of emergency extends for more than 30 days.

Legislative chambers in at least 36 states and Puerto Rico introduced or considered bills or resolutions in 2022 that provide expressly for direct legislative involvement in or oversight of certain gubernatorial or executive actions during the Covid-19 pandemic or other emergencies. (Some of these measures are carryover bills from 2021). These actions also include legislation that would make structural changes in laws related to states of emergency or emergency orders (such as their duration, termination or extension) and also relates to legislatures' ability to meet in special session. (For other legislation changing emergency management or public health laws or other laws related to COVID-19, see NCSL's COVID-19 database.)

Five states - Arizona, Florida, Louisiana, New Hampshire and Virginia - enacted new laws so far in 2022, as follows:

  1. Arizona S.B. 1009 - Limits a governor’s initial proclamation of an emergency to no more than 30 days. Provides that the governor may extend the state of emergency for up to 120 days, but any extension may not be for more than 30 days. Provides that the state of emergency terminates after 120 days unless an extension is approved by a concurrent resolution of the legislature. The legislature may extend the state of emergency as many times as needed by a concurrent resolution, but any extension may not be for more than 30 days. Prohibits the governor from declaring a new emergency based on the same conditions without approval by a concurrent resolution of the legislature. Requires the governor to submit a written report to legislative committees after the first 50 days of an emergency.
  2. Florida S.B. 96 - Authorizes the Legislative Budget Commission to convene to transfer or appropriate certain funds to the Emergency Preparedness and Response Fund. Authorizes the Governor to transfer and expend moneys from the Fund and authorizes the Governor to request that additional funds be transferred or appropriated to the Fund, subject to approval by the Legislative Budget Commission. 
  3. Louisiana H.B. 701 - Relates to emergency preparedness and provides that declarations of states of emergency declared by local officials may not continue for longer than 30 days unless an extension is approved by the municipal governing authority. Also provides that the termination of a state of emergency shall not affect changes to polling places for an election.  
  4. New Hampshire H.B. 1037 - Clarifies the governor’s duty to provide a list of expenditures in a state of emergency to the executive council. 
  5. Virginia H.B. 158 / S.B. 4 - Limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 45 days from the date of issuance. Unless the General Assembly takes action on a rule, regulation, or order within the 45 days during which the rule, regulation, or order is effective, the Governor is thereafter prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency.

2022 Bills and Resolutions

Alaska

  • AK H.B. 221 – Status: Failed (adjourned) – Relates to the powers of the governor and the powers of the Department of Health and Social Services during a disaster emergency.
  • AK H.B. 360 – Status: Failed (adjourned)  – Relates to an emergency declaration by the legislature, relates to legislative sessions.
  • AK S.B. 144 – Status: Failed (adjourned) – Relates to disaster emergencies.

Arizona

  • AZ H.B. 2471 – Status: Failed (adjourned) – Relates to state of emergency, relates to termination.
  • AZ S.B. 1009 – Status: Enacted – Relates to powers of governor; relates to termination

California

  • CA A.B. 69 – Status: Failed – Requires a state of emergency to terminate 60 days after the Governor's proclamation of the state of emergency unless the Legislature extends it by a concurrent resolution. Prohibits a concurrent resolution from extending a state of emergency by more than 60 days.
  • CA A.B. 108 – Status: Failed – Permits an order or regulation, or an amendment or rescission thereof, issued pursuant to specified California Emergency Services Act (CESA) provisions 60 or more days after the proclamation, to take effect only if approved by a concurrent resolution of the Legislature.
  • CA A.B. 1123 – Status: Failed – Requires the Governor to immediately notify in writing the Speaker of the Assembly and the President pro Tempore of the Senate of a proclamation of a state of emergency or promulgating or issuing an order or regulation pursuant to these provisions. Requires the Governor to provide to the Speaker, the President pro Tempore, and certain committees of the Legislature a monthly report on specified information relating to requests by local government for the Governor to proclaim a state of emergency.
  • CA A.B. 2902 – Status: Failed – Requires a state of emergency to terminate 30 days after the Governor's proclamation of the state of emergency unless the Legislature extends it by a concurrent resolution. Prohibits a concurrent resolution from extending a state of emergency by more than 30 days.
  • CA ACR 57 – Status: Failed (adjourned) – Expresses the Legislature's support of the ruling by Sutter County Superior Court Judge Sarah Heckman in Gallagher v. Newsom (Sup. Ct. No. CVCS20-0912) and urges the Governor to comply with the court's directive not to exercise legislative powers.
  • CA S.B. 209 – Status: Failed – Requires a state of emergency to terminate 45 days after the Governor's proclamation of the state of emergency unless the Legislature extends it by a concurrent resolution.
  • CA S.B. 448 – Status: Failed – Enacts the Emergency Power Limitation Act. Requires an emergency order, as defined, to be narrowly tailored to serve a compelling public health or safety purpose and limited in duration, applicability, and scope. Authorizes any person to bring an action to invalidate or enjoin enforcement of an emergency order that is allegedly unlawful.
  • CA S.B. 1368 – Status: Failed (adjourned) – Requires a state of emergency to terminate a certain number of days after the Governors proclamation of the state of emergency unless the Legislature extends it by a concurrent resolution.
  • CA SCR 5 – Status: Failed (adjourned) – Declares that the state of emergency proclaimed by the Governor on a specified date, is at an end, thereby terminating the emergency powers granted to the Governor as a result of that proclamation.

Connecticut

  • CT H 5492 – Status: Failed (adjourned) – Provides that in the event of a statewide or regional public health emergency, the Governor may declare that a public health emergency exists and shall make a good faith effort to inform the president pro tempore of the Senate, the speaker of the House of Representatives and the majority and minority leaders of both houses of the General Assembly before making such declaration.

Delaware

  • DE H.B. 203 – Status: Failed (adjourned) – Proposes to limit the Governor's abilities during a State of Emergency in regard to the Delaware Freedom of Information Act, exempting it from Title 20, Chapter 31, ensures that the reasons outlined in Title 29, Section 10003 for the public body requesting an extension to a FOIA request is an exhaustive list.

Florida

  • FL S.B. 96 – Status: Enacted – Relates to the Emergency Preparedness and Response Fund, authorizes the Legislative Budget Commission to convene to transfer or appropriate certain funds to the Fund, authorizes the Governor to transfer and expend moneys from Fund, authorizes the Governor to request that additional funds be transferred or appropriated to the Fund, subject to approval by the Legislative Budget Commission, under specified conditions, provides a transfer of funds.

Georgia

  • GA H.B. 358 – Status: Failed (adjourned) – Relates to emergency powers, provides when a declaration of a state of emergency or disaster by the Governor shall expire, provides for extensions by the General Assembly, provides for limitations on emergency powers.

Hawaii

  • HI H.B. 103 – Status: Failed (adjourned) – Clarifies that the powers granted for emergency purposes shall not be inconsistent with the state constitution, provides parameters for the duration of suspension of laws and requires justification for the suspension, specifies parameters for when a state of emergency is terminated, allows the authorization of the issuance of a proclamation arising from the same emergency or disaster as a previous proclamation that was terminated by the legislature, upon certain request.
  • HI H.B. 573 – Status: Failed (adjourned) – Establishes the joint legislative emergency response and recovery committee, allows the joint legislative emergency response and recovery committee, under certain circumstances, to convene and make recommendations to the legislature regarding federal funds, provides the Legislature with the opportunity to convene in special session in accordance with the state constitution to act on the recommendations.
  • HI H.B. 721 – Status: Failed (adjourned) – Prohibits the Governor from declaring a state of emergency requiring the shutdown of any type of business or operation, or the quarantine of any person, for a period of more than 28 days, allows a state of emergency to be extended by periods of 14 days if each extension is approved by a two-thirds vote of each house of the Legislature.
  • HI H.B. 851 – Status: Failed (adjourned) – Requires the Governor to obtain approval from the Legislature when a state of emergency has been declared and requires a duration of more than thirty days.
  • HI H.B. 1416 – Status: Failed (adjourned) – Clarifies that the powers granted for emergency purposes shall not be inconsistent with the state Constitution, provides parameters for the duration of suspension of laws and requires justification for the suspension, specifies parameters for when a state of emergency is terminated, allows the authorization of the issuance of a proclamation arising from the same emergency or disaster as a previous proclamation that was terminated by the Legislature.
  • HI H.B. 1585 – Status: Failed (adjourned) – Reforms the legal framework governing emergency management in the state by clarifying that the powers granted for emergency purposes shall not be inconsistent with the state constitution, providing parameters for the duration of the suspension of laws and require justification for the suspension, authorizing the governor to require counties to obtain the governors approval or the approval of the director of the Hawaii emergency management agency prior to issuing any emergency order, rule, or proclamation.
  • HI H.B. 1921 – Status: Failed (adjourned) – (House Minority Caucus Bill Package) Creates a legislative check on the emergency powers of a Governor during a declared state of emergency.
  • HI S.B. 240 – Status: Failed (adjourned) – Limits first offense violations of a Governor's emergency proclamation requiring Wearing cloth face coverings to a fine of not more than $500, limits first offense violations of a Governor's emergency proclamation requiring persons traveling from out of state to quarantine to a fine of not more than $500, except for those violators who post media of themselves violating the Governor's order on social media or who travel to the State with symptoms or a positive test result for COVID-19.
  • HI S.B. 1267 – Status: Failed (adjourned) – Requires approval of the Legislature or a county council to extend to a date certain, or deny the extension of, a proclamation of a state of emergency or local state of emergency timely requested by the Governor or mayor beyond sixty days of its issuance, unless the Legislature or county council fails to take action, in which case the state of emergency or local state of emergency is automatically extended for sixty days, allows the authorization of the issuance of a separate proclamation.
  • HI S.B. 1330 – Status: Failed (adjourned) – Relates to a state of emergency or local state of emergency, provides parameters for delegation of powers and scope and duration of suspension of Laws, provides an advise and consent process for an emergency proclamation to extend beyond one hundred twenty days, provides a legislative means for an emergency proclamation to be terminated.
  • HI S.B. 3089 – Status: Vetoed – Clarifies that powers granted for emergency purposes shall not inconsistent with the state constitution; provides for greater clarity and specificity regarding the scope of suspensions of law; authorizes the governor to require counties to obtain approval before issuing any emergency order, rule, or proclamation; clarifies the legal framework governing the extension and termination of emergency periods; allows the legislature and county councils to terminate a state of emergency or local state of emergency.
  • HI S.B. 3285 – Status: Failed (adjourned) – Clarifies that the powers granted for emergency purposes shall not be inconsistent with the State Constitution, provides parameters for the duration of suspension of laws and requires justification for the suspension, authorizes the Governor to require counties to obtain approval prior to issuing any emergency order, rule, or proclamation, clarifies that a state of emergency may be extended or terminated by a separate or supplementary proclamation.

Illinois

  • IL H.B. 210 – Status: Pending – Amends the Emergency Management Agency Act, provides that in any 12-month period the Governor shall have the authority to issue only one proclamation per disaster and that any further proclamation for the disaster that triggered the original proclamation shall be in force only after a two-thirds vote of each chamber of the General Assembly approves a joint resolution containing the exact language of the proclamation and which the Governor must follow.
  • IL H.B. 843 – Status: Pending – Amends the Emergency Management Agency Act. Provides that if the Governor issues a proclamation declaring a disaster, the Governor may extend the proclamation or make an additional proclamation regarding the same disaster, but the extension or additional proclamation shall be void and have no legal effect unless within 5 days of the extension or additional proclamation (i) he or she receives written approval to extend the proclamation or make an additional proclamation from 3 legislative leaders or (ii) the General Assembly adopts a joint resolution approving the extension or additional proclamation. Provides that a disaster proclamation issued, or a disaster proclamation regarding the same disaster, shall be void and have no legal effect if at any time the General Assembly adopts a joint resolution declaring the proclamation to be void. Provides that after a disaster proclamation is issued a member of the General Assembly may at any time file a request with the Clerk of the House of Representatives and the Secretary of the Senate for a session to consider the proclamation if the request is signed by no fewer than 20 members of the General Assembly. Provides that upon such a filing, the House of Representatives and Senate shall convene within 5 calendar days and vote on a resolution declaring the proclamation void.
  • IL H.B. 1881 – Status: Pending – Amends the Emergency Management Agency Act, provides that after an initial proclamation declaring that a disaster exists, the Governor may only extend that declaration or make further proclamations regarding the same disaster if the General Assembly passes a resolution within 5 calendar days that approves the extension or further proclamation.
  • IL H.B. 2915 – Status: Pending – Amends the Emergency Management Agency Act, provides that in any 12-month period the Governor shall have the authority to issue only one proclamation per disaster and that any further proclamation for the disaster that triggered the original proclamation shall be in force only after a two-thirds vote of each chamber of the General Assembly approves a joint resolution containing the exact language of the proclamation and which the Governor must follow.
  • IL H.B. 2932 – Status: Pending – Amends the Emergency Management Agency Act, provides that in any 12-month period the Governor shall have the authority to issue only one proclamation per disaster and that any further proclamation for the disaster that triggered the original proclamation shall be in force only after a two-thirds vote of each chamber of the General Assembly approves a joint resolution containing the exact language of the proclamation and which the Governor must follow.
  • IL H.B. 4401 – Status: Pending – Amends the Emergency Management Agency Act; provides that in any 12-month period the Governor shall have the authority to issue only one proclamation per disaster and that any further proclamation for the disaster that triggered the original proclamation shall be in force only after a two-thirds vote of each chamber of the General Assembly approves a joint resolution containing the exact language of the proclamation and which the Governor must follow.
  • IL H.B. 4529 – Status: Pending – Amends the Emergency Management Agency Act, provides that after an initial proclamation declaring that a disaster exists, the Governor may only extend that declaration or make further proclamations regarding the same disaster if the General Assembly passes a resolution within a certain number of calendar days that approves the extension or further proclamation.
  • IL S.B. 103 – Status: Pending – Amends the Emergency Management Agency Act, provides that after an initial proclamation declaring that a disaster exists, the Governor may only extend that declaration or make further proclamations regarding the same disaster if the General Assembly passes a resolution within 5 calendar days that approves the extension or further proclamation.
  • IL S.B. 2143 – Status: Pending – Amends the Procurement Code, provides that if the Governor, pursuant to the power granted under the Emergency Management Agency Act, suspends or waives the requirements of the Code, the Auditor General shall conduct a performance audit of purchases exempted from the provisions of the Code due to a disaster declaration.
  • IL S.B. 2218 – Status: Pending – Amends the Emergency Management Agency Act, provides that after an initial proclamation declaring that a disaster exists, the Governor may only extend that declaration or make further proclamations regarding the same disaster if the General Assembly passes a resolution within 5 calendar days that approves the extension or further proclamation, provides that if, due to health or safety concerns, the General Assembly is unable to convene in either regular or special session to approve the extension.
  • IL S.B. 3888 – Status: Pending – Amends the Emergency Management Agency Act, provides that after an initial proclamation declaring that a disaster exists, the Governor may only extend that declaration or make further proclamations regarding the same disaster if the General Assembly passes a resolution within a certain number of calendar days that approves the extension or further proclamation.

Indiana

  • IN H.B. 1131 – Status: Failed (adjourned) – Relates to emergency Powers and orders, removes specified emergency Powers of the Governor, provides that an emergency order issued by, the State Department of Health expires after 14 days unless renewal is authorized by the General Assembly, and a local health officer order expires after 14 days unless renewal is authorized by the local legislative body, makes conforming amendments.
  • IN H.B. 1211 – Status: Vetoed – Relates to blockchain technology. Also requires agencies to provide a copy of emergency rules in an electronic format to each member of the legislature's standing committee or standing committees that have subject matter jurisdiction most closely relating to the subject matter of the emergency rule, the governor, and the office of management and budget, along with a statement indicating that the rule has been submitted to the attorney general for review.
  • IN S.B. 363 – Status: Failed (adjourned) – Relates to initiated sessions, establishes a procedure for the General Assembly to call itself into session at times not specifically scheduled in statute.

Kansas

  • KS H.B. 2416 – Status: Failed (adjourned) – Modifies the procedure for declaring and extending a state of disaster emergency, limits powers granted to the governor during a state of disaster emergency, authorizes the legislative coordinating council and the legislature to take certain action related to a state of disaster emergency, prohibits the Governor or the State Board of Education from closing private schools during a state of disaster emergency.
  • KS S.B. 284 – Status: Failed (adjourned) – Amends the state emergency management act, authorizes a state of disaster emergency to continue for no longer than 21 days unless ratified by concurrent resolution of the legislature, provides for extensions for specified periods not to exceed 30 days each.
  • KS SCR 1604 – Status: Failed (adjourned) – Amends the Constitution of the State, allows for a petition process to call the legislature into special session during a state of disaster emergency.
  • KS SCR 1617 – Status: Failed (adjourned) – Relates to constitutional amendment deleting the power of the governor to call special sessions of the legislature or two-thirds of the legislature, requires the governor to call a special session and requiring the legislature meet on a monthly basis following adjournment of the regular session.
  • KS SCR 1618 – Status: Failed (adjourned) – Relates to proposing a constitutional amendment that provides for legislative authority to revoke or suspend rules and regulations adopted by executive branch agencies and officials.

Kentucky

  • KY H.B. 460 – Status: Failed (adjourned) – Extends the maximum effective dates of executive orders issued by the Governor to 270 days unless an extension is approved by the General Assembly, removes the General Assembly's power to terminate a declaration of emergency, rescinds the Commonwealth's waiver of immunity for cases brought as a result of declarations of emergency, expands the Governor's ability to exercise emergency executive powers to promote and secure the safety and protection of the civilian population.

Louisiana 

  • LA H.B. 701 – Status: Enacted – Relates to emergency preparedness; provides relative to declarations of states of emergency declared by local officials; provides for the duration of states of emergency; provides for approval of an extension of a declaration of emergency under certain circumstances.

Massachusetts

  • MA H.B. 478 – Status: Pending – Relates to the power of the Governor to declare an emergency.
  • MA H.B. 2424 – Status: Pending – Relates to limiting the emergency Powers of the Governor.
  • MA H.B. 5240 – Status: Pending – Authorizes the committee on Public Safety and Homeland Security to make an investigation and study of certain House documents (H.B. 2424) concerning emergency powers of the Governor.

Maryland

  • MD H.B. 760 – Status: Failed (adjourned) – Prohibits the Governor from renewing a state of emergency or catastrophic health emergency for more than 30 days without approval from the General Assembly by joint resolution or if the General Assembly is not in session, by a majority vote of the Legislative Policy Committee, clarifies that a state of emergency expires under certain circumstances.
  • MD S.B. 935 – Status: Failed (adjourned) – Prohibits the Governor from renewing a state of emergency or catastrophic health emergency for more than two a specific number of day periods without approval from a majority of the Legislative Policy Committee, authorizes the committee to vote on such authorizations at a meeting held either in person or virtually.

Michigan

  • MI H.B. 4268 – Status: Pending – Provides for businesses in compliance with certain health and safety precautions not required to close under certain rules, regulations, or orders, and prohibits emergency orders from prohibiting or limiting certain religious practices.
  • MI H.B. 4433 – Status: Pending – Repeals the Emergency Powers of the Governor Act.

Minnesota

  • MN H.B. 101 – Status: Failed (adjourned) – Relates to state government, proposes an amendment to the Minnesota Constitution article V, section 3, declares an emergency.
  • MN H.B. 124 – Status: Failed (adjourned) – Relates to public safety, requires legislative approval to extend the duration of a peacetime emergency declared by the governor, limits duration of peacetime emergency extensions.
  • MN H.B. 371 – Status: Failed (adjourned) – Relates to state government, permits the legislature to terminate any order or rule adopted by the governor directing a response to a peacetime emergency if the emergency is continued for more than 30 days.
  • MN H.B. 1346 – Status: Failed (adjourned) – Relates to public safety, limits duration of peacetime emergencies to 14 days, requires legislative approval for extending a peacetime emergency beyond 14 days.
  • MN H.B. 1515 – Status: Failed (adjourned) – Relates to state government, defines public health emergency, clarifies governor's authority to declare a peacetime emergency for a public health emergency, terminates executive orders issued during a peacetime emergency lasting more than 30 days unless ratified by the legislature, modifies vote and quorum requirements during a peacetime emergency.
  • MN H.B. 2085 – Status: Failed (adjourned) – Relates to state government, requires legislative approval for extending a peacetime emergency past 30 days.
  • MN H.B. 2106 – Status: Failed (adjourned) – Relates to emergency powers, nullifies Executive Order 20-79, prohibits the governor from issuing modifications to landlord and tenant law, modifies requirements of 504B.
  • MN H.B. 2202 – Status: Failed (adjourned) – Relates to public safety, requires three-fifths majority approval from both legislative bodies to extend peacetime emergencies beyond 30 days.
  • MN H.B. 2204 – Status: Failed (adjourned) – Relates to emergency management, repeals governor's power to declare emergency, establishes a legislative emergency declaration and extension process, repeals governor's authority to adopt orders and expedited rules that have the effect of law during an emergency, protects citizen rights, makes technical corrections.
  • MN H.B. 3011 – Status: Failed (adjourned) – Relates to public safety, requires legislative approval to extend the duration of a peacetime emergency declared by the governor, limits duration of peacetime emergency extensions.
  • MN HCR 1 – Status: Failed (adjourned) – Terminates the peacetime emergency.
  • MN HCR 2 – Status: Failed (adjourned) – Terminates the Peacetime Emergency.
  • MN HCR 3 – Status: Failed (adjourned) – Terminates the Peacetime Emergency.
  • MN S.B. 4 – Status: Failed (adjourned) – Relates to public safety, requires legislative approval to extend the duration of a peacetime emergency declared by the governor, limits duration of peacetime emergency extensions.
  • MN S.B. 6 – Status: Failed (adjourned) – Relates to state government, permits the legislature to terminate any order or rule adopted by the governor directing a response to a peacetime emergency if the emergency is continued for more than 30 days.
  • MN S.B. 121 – Status: Failed (adjourned) – Relates to state government, proposes an amendment to a specified section of Minnesota Constitution.
  • MN S.B. 1528 – Status: Failed (adjourned) – Relates to state government, defines public health emergency, clarifies governor's authority to declare a peacetime emergency for a public health emergency, terminates executive orders issued during a peacetime emergency lasting more than 30 days unless ratified by the legislature, modifies vote and quorum requirements during a peacetime emergency.
  • MN S.B. 2288 – Status: Failed (adjourned) – Relates to public safety, requires three-fifths majority approval from both legislative bodies to extend peacetime emergencies beyond 30 days.
  • MN S.B. 2356 – Status: Failed (adjourned) – Relates to emergency management, repeals governor's power to declare emergency, establishes a legislative emergency declaration and extension process, repeals governor's authority to adopt orders and expedited rules that have the effect of law during an emergency, protects citizen rights, makes technical corrections.
  • MN S.B. 2738 – Status: Failed (adjourned) – Relates to state government, requires legislative approval for extending a peacetime emergency past 30 days.
  • MN S.B. 2739 – Status: Failed (adjourned) – Relates to public safety, requires legislative approval to extend the duration of a peacetime emergency declared by the governor, limits duration of peacetime emergency extensions.

Mississippi

  • MS H.B. 131 – Status: Failed – Revises the definitions of state of emergency, local emergency and natural emergency in the State emergency management law to include an epidemic and a pandemic, provides a maximum time period for any state of emergency or declaration of emergency impact area, prohibits continuations of such emergencies except by legislative enactment, authorizes the State Department of Health to receive and store dead human bodies when the governor proclaims a state of emergency and insufficient facilities exist.

North Carolina

  • NC H.B. 264 – Status: Pending - carryover
  • Clarifies the expiration of a statewide state of emergency and the exercise of certain powers under a statewide state of emergency, clarifies the abatement of statewide imminent hazards and statewide quarantines, provides definitions for the terms Concurrence of the Council and Statewide.
  • NC H.B. 564 – Status: Failed (adjourned) – Amends the Constitution of the State to limit the length of time gubernatorial executive orders are in effect with the concurrence of a majority of the council of state.
  • NC H.B. 706 – Status: Failed (adjourned) – Requires a concurrence of the council of state to effectuate a statewide state of emergency issued by the Governor, amends the Constitution of North Carolina to require the General Assembly to convene in extra session if there exists a statewide state of emergency for a specified number of days.
  • NC S.B. 346 – Status: Pending - carryover
  • Defines and clarifies the process by which an executive order is issued by the Governor.

Nebraska

  • NE LR 27 – Status: Failed (adjourned) – Proposes a Constitutional amendment to provide legislative authority in emergencies resulting from a pandemic.

New Hampshire

  • NH H.B. 275 – Status: Vetoed – Revises the authority of the governor and general court to declare, renew, or terminate a state of emergency.
  • NH H.B. 417 – Status: Pending – Terminates a state of emergency called by the governor after 30 days, modifies the emergency powers, and requires approvals by the fiscal committee of the general court in certain instances.
  • NH H.B. 1037 – Status: Enacted
  • Clarifies the governor's duty to provide a list of expenditures in a state of emergency to the executive council.
  • NH H.B. 1321 – Status: Failed – Provides that the legislature may terminate a state of emergency by concurrent resolution adopted by a majority vote of each chamber. The governor's power to renew a declaration of A state of emergency shall terminate upon the adoption of a concurrent resolution under this subparagraph; provided, however, that such resolution shall not preclude the governor from declaring a new emergency for different circumstances.

New Jersey

  • NJ A.B. 3429 – Status: Pending – Permits the Legislature to terminate certain declarations by Governor for state of emergency or public health emergency and limits duration of such declarations unless Legislature approves extension. 
  • NJ A.B. 4147 – Status: Failed – Limits to 14 days effective period of certain emergency orders, rules, or regulations.
  • NJ A.B. 4212 – Status: Failed – Limits the number of days of an effective period for certain emergency orders, rules, or regulations.
  • NJ A.B. 4255 – Status: Failed – Concerns Murphy's Law, nullifies Governor's order, rule, or regulation to address declared emergency, or relevant portion thereof, when Governor violates same, creates affirmative defense to prosecution for same violation committed by Governor.
  • NJ ACR 82 – Status: Pending – Proposes a constitutional amendment to limit the effective period of certain emergency orders, rules, or regulations issued by the Governor.
  • NJ ACR 181 – Status: Failed – Proposes a constitutional amendment to limit the effective period of certain emergency orders, rules, or regulations issued by the Governor.
  • NJ S.B. 2482 – Status: Failed – Limits to fourteen days the effective period of certain emergency orders, rules, or regulations.
  • NJ S.B. 2613 – Status: Failed – Concerns Murphy's Law, nullifies Governor's order, rule, or regulation to address declared emergency, or relevant portion thereof, when Governor violates same, creates affirmative defense to prosecution for same violation committed by Governor.
  • NJ SCR 117 – Status: Failed – Proposes constitutional amendment to limit effective period of certain emergency orders, rules, or regulations issued by Governor to 14 days.
  • NJ S.B. 1200 – Status: Pending – Permits legislature to terminate certain declarations by governor for state of emergency or public health emergency, limits duration of such declarations unless legislature approves extension.
  • NJ SCR 14 – Status: Pending – Proposes constitutional amendment, relates to limit effective period of certain emergency orders, rules, or regulations issued by Governor to specified days.

New Mexico

  • NM HJR 3 – Status: Failed – Proposes an amendment to a specified article of the constitution of the state, provides that a declaration of a state of emergency pursuant to a power granted to the governor by law terminates after a specified days unless the governor calls the legislature into special session to address the circumstances of the emergency and to require a specified number of vote of the legislature to restrict, suspend or terminate the emergency declaration.

New York

  • NY A.B. 1172 – Status: Pending – Relates to the length of time of a state disaster emergency declaration, requires the Governor to transmit a weekly report to the legislature during a state disaster emergency, relates to the communication between the Governor and parties affected by a suspension of Laws during a state disaster emergency.
  • NY A.B. 4720 – Status: Pending – Relates to limiting the power of the governor to give an executive order or otherwise direct an executive agency to take any action that contradicts state law.
  • NY A.B. 4907 – Status: Pending – Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days and ensures judicial due process rights for any action that impairs fundamental constitutional rights by limiting the Powers of the governor to suspend Laws during a state disaster emergency and requiring a specification and explanation of which municipalities are affected by such suspension of Laws.
  • NY A.B. 5967 – Status: Pending – Provides that the legislature may terminate by concurrent resolution a state disaster emergency issued under section 28 of the executive law, authorizes any directive issued pursuant to chapter 23 of the Laws of 2020, in effect at the time of the repeal of such chapter shall be permitted to continue for 30 days from the date of such repeal, subject to certain provisions, makes related provisions.
  • NY A.B. 8603 – Status: Pending – Amends the State Administrative Procedure Act; requires a state agency to get approval from the senate and the assembly prior to adopting or readopting a rule on an emergency basis unless such rule is necessary on an emergency basis for the preservation of the public health, safety and general welfare of the public.
  • NY S.B. 1749 – Status: Pending – Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days and ensures judicial due process rights for any action that impairs fundamental constitutional rights by limiting the Powers of the governor to suspend Laws during a state disaster emergency and requiring a specification and explanation of which municipalities are effected by such suspension of laws.
  • NY S.B. 2246 – Status: Pending – Amends the Executive Law, eliminates the powers of the governor to issue any directive necessary to respond to a state disaster.
  • NY S.B. 2950 – Status: Pending – Relates to prohibiting the diversion of funds for purposes other than those for which the funds were originally intended.
  • NY S.B. 3878 – Status: Pending – Relates to the length of time of a state disaster emergency declaration, requires the governor to transmit a weekly report to the legislature during a state disaster emergency and relates to the communication between the governor and parties affected by a suspension of Laws during a state disaster emergency.
  • NY S.B. 4888 – Status: Failed – Revokes the extension of emergency powers granted to the governor related to the outbreak of Coronavirus disease 2019.

Ohio

  • OH H.B. 90 – Status: Pending – Establishes legislative oversight of the Governor's executive orders, certain public health orders, and emergency rules, including by establishing the Health Oversight and Advisory Committee.
  • OH H.B. 202 – Status: Pending – Voids the order of the Interim Director of Health requiring the use of facial coverings throughout the State, prohibits the Governor or other administrative department heads from requiring the use of facial coverings without approval by the General Assembly.
  • OH H.B. 267 – Status: Pending – Limits the duration of public health orders, allows the General Assembly to act via concurrent resolution in response to a public health emergency if the Governor or Department of Health does not.

Oklahoma

  • OK H.B. 1670 – Status: Failed (adjourned) – Relates to public health and safety, relates to emergency Powers of the Governor, provides for termination of States of emergency, provides for legislative extensions, provides an effective date.
  • OK H.B. 2337 – Status: Failed (adjourned) – Relates to public health and safety, relates to Powers and duties of the director of the Oklahoma Department of Emergency Management, modifies scope of authority, relates to emergency Powers of the Governor, limits duration of certain proclamations, provides for approval of extension by Legislature, provides an effective date.
  • OK H.B. 2579 – Status: Failed (adjourned) – Relates to public health and safety, relates to emergency powers of the Governor, provides for termination of states of emergency, provides for legislative extensions, provides an effective date.
  • OK SJR 24 – Status: Failed (adjourned) – Relates to the Oklahoma Emergency Management Act, orders a legislative referendum pursuant to the Oklahoma Constitution, relates to the powers and duties of the Governor, provides exception to emergency powers and duties of the Governor during an emergency declaration, provides ballot title, directs filing.

Oregon

  • OR HJR 206 – Status: Failed (adjourned) – Proposes amendment to Oregon Constitution to limit ability of Governor to declare emergency or to exercise powers under declaration of emergency to only those powers granted by law and for a specified duration.
  • OR S.B. 1517 – Status: Failed (adjourned) – Requires that declarations and extensions of States of emergency under certain statutes be accompanied by written explanations.

Pennsylvania

  • PA H.B. 55 – Status: Pending – (Joint Resolution) Proposing separate and distinct amendments to the Constitution of Pennsylvania, in declaration of rights, provides for prohibition against denial or abridgment of equality of rights because of race and ethnicity, relates to legislation, provides for action on concurrent orders and resolutions, relates to the executive, provides for disaster emergency declaration and management.
  • PA SR 23 – Status: Pending – (Concurrent Resolution) Terminates the Proclamation of Disaster Emergency issued under the hand and Seal of the Governor, Thomas Westerman Wolf.

Rhode Island

  • RI H.B. 5863 – Status: Pending – Mandates that the general assembly convene within a specified time after the first extension of a declared state of emergency by the governor pursuant to his or her emergency powers.
  • RI H.B. 5940 – Status: Pending – Creates the joint committee on disaster oversight to study the impact of the governor's declaration of a disaster emergency.
  • RI S.B. 255 – Status: Pending – Limits the governor to one thirty day renewal of a declaration of emergency without a joint resolution of the general assembly.
  • RI S.B. 2110 – Status: Pending – Limits the governor to one thirty day renewal of a declaration of emergency without a joint resolution of the general assembly.
  • RI S.B. 2352 – Status: Pending – Provides that emergency orders and powers executed by any governor would only be extended past the order's original term upon passage of a joint resolution of the general assembly authorizing that extension, voting in a special session that is helf within thirty days after the expiration date of the governor's order. 

South Carolina

  • SC H.B. 3387 – Status: Failed (adjourned) – Relates to a state of emergency, provides that the governor may not declare a new state of emergency which has the effect of extending another declaration, nor may the governor declare a new state of emergency for the same underlying disaster because of changed circumstances or a change in the degree of impact.
  • SC H.B. 3443 – Status: Failed (adjourned) – Relates to gubernatorial proclamations of emergency, removes references to public health emergencies, relates to powers and duties of the Governor during a declared emergency, provides that after the elapse of at least thirty days following the declaration of an emergency by the Governor, the President of the Senate and the Speaker of the House may convene their respective bodies for the purpose of considering such declaration.
  • SC H.B. 3526 – Status: Failed (adjourned) – Relates to the Governor's authority to issue proclamations of emergency, transfers this authority to the General Assembly and to establish conditions and procedures for the General Assembly to declare a State of Emergency, relates to powers of law enforcement officers during a State of Emergency, removes provisions concerning proclamations of a State of Emergency by the Governor, relates to the Governor's proclamation to disperse.
  • SC H.B. 3556 – Status: Failed (adjourned) – Relates to powers and duties of the governor during a declared emergency, provides that a declared state of emergency for a public health emergency shall not continue for a period of more than thirty days without the passage of a joint resolution by the general assembly expressly approving the declaration's continuation, provides that upon the expiration of the governor's original emergency declaration, he may not declare a new state of emergency based upon the same or substantially similar facts.
  • SC H.B. 3853 – Status: Failed (adjourned) – (Joint Resolution) Proposes an amendment to the state Constitution, relates to sessions of the General Assembly, requires the President of the Senate and the Speaker of the House of Representatives to convene the General Assembly in special session upon receipt of a joint written request signed by at least sixty percent of the membership of each body, which session shall commence no later than fifteen days after the requisite request is received by the president and the speaker.
  • SC S.B. 43 – Status: Failed (adjourned) – Relates to exemptions for executive orders, proclamations, or documents issued by the governor's office, deletes the provision that such orders are not subject to general assembly approval, relates to procedures for the publication of notice of a proposed promulgation of regulations, public participation, and a contest of regulation for procedural defects, provides for notice, provides that all written submissions, transcripts, or recordings of oral submissions must be provided to the Small Business.
  • SC S.B. 103 – Status: Failed (adjourned) – Sets forth the circumstances and procedures by which the governor may lawfully declare a state of emergency.
  • SC S.B. 104 – Status: Failed (adjourned) – Enacts the Emergency Order Balance of Powers Act, relates to a proclamation of an emergency by the governor, sets forth actions that would make the proclamation ineffective, allows the governor to renew a state of emergency in periods of no greater than fifteen days.
  • SC S.B. 382 – Status: Failed (adjourned) – Relates to a proclamation of emergency by the Governor, provides that a state of emergency declared by the Governor may not last more than fifteen days unless the General Assembly adopts a concurrent resolution authorizing the state of emergency to remain in place for a longer period of time, provides that inaction by the General Assembly does not constitute consent.

South Dakota

  • SD H.B. 1259 – Status: Failed (adjourned) – Provides oversight regarding the exercise of gubernatorial emergency Powers.

Tennessee

  • TN H.B. 247 – Status: Failed (adjourned) – Requires the governor to notify the speakers of the senate and house of representatives at least five days prior to the renewal of a declaration of a state of emergency.
  • TN H.B. 1347 – Status: Failed (adjourned) – Requires the general assembly to review an executive agency created by executive order of the governor under the governor's emergency management Powers, authorizes the general assembly to either continue or discontinue the executive agency and its function, directs that all public purchases and contracts for goods and services entered into by an executive agency are subject to state purchasing law requirements.
  • TN S.B. 1603 – Status: Failed (adjourned) – Requires the general assembly to review an executive agency created by executive order of the governor under the governor's emergency management Powers, authorizes the general assembly to either continue or discontinue the executive agency and its function, directs that all public purchases and contracts for goods and services entered into by an executive agency are subject to state purchasing law requirements.

Virginia

  • VA H.B. 57 – Status: Failed – Relates to Emergency Services and Disaster Law, relates to limitation on duration of executive orders, limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 45 days from the date of issuance.
  • VA H.B. 151 – Status: Failed – Relates to emergency laws, relates to powers and duties of Governor, relates to executive orders, limits the Governor's powers as the Director of Emergency Management by requiring that emergency rules, regulations, and executive orders be objectively necessary and required to control, restrict, allocate, or regulate the use, sale, production, and distribution of food, fuel, clothing and other commodities, materials, goods, services, and resources under any state or federal emergency services programs.
  • VA H.B. 158 – Status: Enacted – Relates to powers of the Governor, relates to limited duration of rules, regulations, and orders, provides that no rule, regulation, or order issued under this section shall have any effect beyond 45 days after the date of issuance, states that unless the General Assembly takes action on the rule, regulation, or order within the 45 days during which the rule, regulation, or order is effective, the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order.
  • VA H.B. 302 – Status: Failed – Relates to Emergency Services and Disaster Law; relates to limitation on duration of executive orders; provides that no rule, regulation, or order issued declaring a state of emergency may remain effective for more than seven days without approval of two-thirds of each house of the General Assembly; provides that no rule, regulation, or order issued declaring a state of emergency may remain effective for more than 30 days without the approval of at least two-thirds of each house of the General Assembly
  • VA H.B. 754 – Status: Failed – Relates to Emergency Services and Disaster Law, relates to limitation on duration of executive orders, limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than a specified days from the date of issuance.
  • VA H.B. 835 – Status: Failed – Relates to Emergency Services and Disaster Law, relates to limitation on duration of executive orders, limits the authority of the Governor to issue an executive order declaring a state of emergency that restricts, limits, or prohibits otherwise lawful action by a private business, nonprofit entity, or individual for a period more than 45 days in duration unless the General Assembly votes by a two-thirds majority to approve a period longer than 45 days.
  • VA H.B. 1039 – Status: Failed – Relates to emergency Services and Disaster Law, relates to limitation on duration of executive orders, limits the duration of any executive order issued by the Governor pursuant to his Powers under the Emergency Services and Disaster Law to no more than 30 days from the date of issuance unless the General Assembly votes to approve a period longer than 30 days by a two-thirds majority of each house.
  • VA S.B. 4 – Status: Enacted – Relates to Emergency Services and Disaster Law, relates to limitation on duration of executive orders, limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 45 days from the date of issuance.
  • VA S.B. 166 – Status: Failed – Relates to Emergency Services and Disaster Law, relates to limitation on duration of executive orders, limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 30 days from the date of issuance, provides that if the General Assembly does not take any action on the rule, regulation, or order within the 30 days during which the rule, regulation, or order is effective.
  • VA S.B. 731 – Status: Failed – Relates to Emergency Services and Disaster Law, relates to limitation on duration of executive orders, limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than a certain number of days from the date of issuance, relates to required actions on the rule, regulation, or order by the General Assembly.
  • VA SJR 36 – Status: Pending - Carryover – Proposes a constitutional amendment (first reference), relates to special sessions, relates to required in certain States of emergency, requires the Governor to convene a special session whenever declaring a state of emergency for a period that exceeds 90 days or whenever extending a state of emergency for a period that exceeds 90 days in the aggregate. 

Washington

  • WA H.B. 1013 – Status: Failed (adjourned) – Limits the duration of emergency rules.
  • WA H.B. 1020 – Status: Failed (adjourned) – Concerns the emergency Powers of the governor.
  • WA H.B. 1029 – Status: Failed (adjourned) – Concerns orders and rules during a state of emergency.
  • WA H.B. 1060 – Status: Failed (adjourned) – Requires legislative approval to extend a gubernatorial proclamation of a state of emergency.
  • WA H.B. 1381 – Status: Failed (adjourned) – Limits the governor's emergency powers, ensuring legislative balance of power, and regulating government agency emergency authority.
  • WA H.B. 1557 – Status: Failed (adjourned) – Increases legislative involvement in gubernatorial proclamations relating to a state of emergency.
  • WA H.B. 1772 – Status: Failed (adjourned) – Increases legislative involvement in gubernatorial proclamations relating to a state of emergency.
  • WA S.B. 5039 – Status: Failed (adjourned) – Subjects all gubernatorial emergency orders to legislative approval after thirty days.
  • WA S.B. 5100 – Status: Failed (adjourned) – Prohibits the adoption of rules for the enforcement of gubernatorial emergency orders without legislative approval.
  • WA S.B. 5196 – Status: Failed (adjourned) – Describes how the legislature may convene a special session.
  • WA S.B. 5909 – Status: Failed (adjourned) – Concerns legislative oversight of gubernatorial powers concerning emergency proclamations and unanticipated receipts.
  • WA S.B. 5943 – Status: Failed (adjourned) – Establishes balanced legislative oversight of gubernatorial Powers during a declared emergency.
  • WA SJR 8201 – Status: Failed (adjourned) – Amends the state Constitution to allow the legislature to convene a special session upon an affirmative vote of three-fifths of its members.

Wisconsin

  • WI A.B. 149 – Status: Failed – Concerns legislative oversight of federal Coronavirus disease 2019 funds.

West Virginia

  • WV H.B. 4346 – Status: Failed (adjourned) – Relates to the authority and obligations of the governor and legislature when in declared states of preparedness and emergency.

Puerto Rico

  • PR H.B. 515 – Vetoed – Creates the Law for the Supervision and Accountability in Times of Emergency, establishes the terms of a state of emergency, prohibits the suspension of Laws due to a state of emergency while the Legislative Assembly is in session, establishes the duty of the Governor to submit reports every 15 days to the Legislative Assembly if a state of emergency extends for more than 30 days.

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