Legislative Oversight of Emergency Executive Powers

7/22/2021

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In times of war, disease or other extraordinary conditions, each state authorizes its governor to declare a state of emergency. Once an emergency has been declared, executive powers expand until the emergency ends. These powers include authority normally reserved for legislatures, such as the ability to suspend existing statutes or effectively create new laws—albeit temporarily and only as needed to respond to the emergency situation.

Although governors need to be able to respond to emergencies quickly, legislatures have an important role in making sure these powers are not abused and that they do not undermine the separation of powers vital to our democratic system of government. Legislatures exercise several types of checks on state executives' emergency authority in ways that vary between states. However, some common features exist.

Statutes defining executive authority during an emergency cannot be modified by executive order. Governors cannot promulgate emergency rules that grant themselves authority beyond the statutory limits, even if they otherwise have the power to temporarily alter statutes. As a result, legislatures have the authority to legislate firm limits on emergency executive power. Several states impose specific limits on the exercise of emergency powers. Common restrictions include prohibiting governors from limiting freedom of the press or confiscating citizens' firearms. Additionally, constitutional limits on state authority and any guaranteed rights remain in full effect during an emergency.

Legislatures may retain the power to nullify an emergency proclamation by a resolution. In most cases, it takes a simple majority vote of both chambers. State laws may grant legislatures even greater oversight power by requiring legislative approval for an emergency to continue beyond a specified length of time. If a state's legislature is out of session during an emergency, some state laws require the governor to call a special session. Alternatively, some statutes permit an interim committee or group of legislative leaders to extend or reject emergency proclamations.

The following table lists the statutes defining the legislature’s role in acting as a check on the emergency powers of the governors of every state, plus the District of Columbia, Guam, Virgin Islands and Puerto Rico. As this is an emerging issue, a list of legislation from 2020 and 2021 is also featured on this page, below the table of statutes. For other types of legislation related to the COVID-19 pandemic (e.g., actions related to health or emergency management legislation, see NCSL's State Action on Coronavirus (COVID-19) Database

PLEASE NOTE: NCSL serves state legislators and their staff. This site provides general comparative information only and should not be relied upon or construed as legal advice. In addition, NCSL does not advocate for or take a position on state legislation, laws or policies.  

Legislatures and Emergency Declarations: Statutes

 
 
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 as amended by 2021 S.B. 379.

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. CO ST § 24-33.5-704.
Connecticut*

Authorizes a joint legislative committee consisting of the president pro tempore of the Senate, the speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the Senate, the majority leader of the House of Representatives and the minority leader of the House of Representatives to disapprove executive orders issued under the authority of sections 19a-131a and 28-9 of the general statutes in response to the COVID-19 pandemic by a majority vote, either virtually or in person.  Specifies that the Governor must provide electronic notice of any emergency declaration renewal to these same members prior to filing with the Secretary of 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.

Delaware No relevant provisions found. Statute addressing emergency executive authority is located at Del. Code Ann. 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 ST § 7-2306.
Florida

The legislature, by concurrent resolution, may terminate a state of emergency at any time. Fla. Stat. § 252.36. Requires the reporting of all state expenditures, revenues, and fund transfers during declared states of emergency by the governor and appropriate agencies to the legislature. Fla. Stat. § 252.38 

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 Ann. § 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. Ann. § 127A-14.
Idaho The legislature by concurrent resolution may terminate a state of disaster emergency at any time. 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 Ann. § 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 Ann. § 29C.3. A virtually identical provision exists for disaster emergency proclamations, located at Iowa Code Ann. § 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 state finance council and an affirmative vote of a majority of the legislative members thereof, a state of disaster emergency may be extended once for a specified period not to exceed 30 days beyond such 15-day period. Kan. Stat. Ann. § 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. Ann. § 29:724.
Maine The Legislature, by joint resolution, may terminate a state of emergency at any time. 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 PUBLIC 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. Ann. § 12.31.

Mississippi No relevant provisions found. Statute addressing emergency executive authority is located at Miss. Code Ann. § 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 proclamation 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. Establishes a legislative polling procedure that the Governor may utilize to determine if a majority of the members of the legislature support extending a state of emergency or disaster. Authorizes the legislature, by joint resolution in a regular or special session, to terminate, extend, limit, approve the continuation of, or disapprove the continuation of any executive order, proclamation, or regulation that was enacted based on a state of emergency or disaster. (2021 H.B. 230) Mont. Code Ann. §§ 5-3-108, 10-3-101, 10-3-101, 10-1-106, 10-3-303
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. Ann. § 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. Nev. Rev. Stat. Ann. § 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. 2021 H.B. 2 > N.H. Rev. Stat. Ann. § 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 No relevant provisions found. 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 The legislative assembly by concurrent resolution may terminate a state of disaster or emergency at any time. N.D. Cent. Code Ann. § 37-17.1-05.
Ohio

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) 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).

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. Stat. 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. Stat. Ann. tit. 63, § 683.9
Oregon

Emergency powers granted to the governor shall be terminated by proclamation of the governor or by joint resolution of the Legislative Assembly. r. Rev. Stat. § 401.192.

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

Chapter 335. Puerto Rico Department of Public Safety Act (Subchs. I — IX), Subchapter VI. Emergency Management and Disaster Administration Bureau (§§ 3641 — 3655)  25 L.P.R.A. § 3650: In emergency or disaster situations, the Governor of Puerto Rico may declare through a proclamation that a state of emergency or disaster exists, as the case may be, in all of the territory of Puerto Rico or part thereof. The Governor, for the duration of such state of emergency or disaster shall have, in addition to any others conferred by other laws, the following powers: ... (b)  May prescribe, amend, and revoke any regulations as well as issue, amend, and rescind such orders as deemed convenient which shall be in effect for the duration of the state of emergency or disaster. Regulations prescribed or orders issued during a state of emergency or disaster shall have force of law for the duration of the state of emergency or disaster. (c)  May render effective any state regulations, orders, plans, or measures for emergency or disaster situations or modify them at his discretion. (Act 20-2017)
 

Chapter 68. Special Provisions for Emergency Proceedings (§§ 1931-1945) 3 L.P.R.A. § 1942 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)

Rhode Island The general assembly, by concurrent resolution, may terminate a state of disaster emergency at any time. 30 R.I. Gen. Laws Ann. § 30-15-9.
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. Codified 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 Ann. § 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. Ann. 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 to be transmitted forthwith to each member of the General Assembly. Va. Code Ann. § 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 Ann. § 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 Ann. § 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. Ann. § 323.10. Firearm limit to powers at Wis. Stat. Ann. § 323.24.
Wyoming No relevant provisions found. Statute addressing emergency executive authority is located at Wyo. Stat. Ann. § 19-13-104.
   
  Update in progress as of July 22, 2021. Statutes compiled by Nicholas Birdsong in early May 2020. Updates for 2020 and 2021 compiled by Matthew Sullivan and Pam Greenberg. Please contact Pam Greenberg with any updates. See also enacted 2020 and 2021 legislation below. 
    

Oversight of Executive Powers: 2020 Bills and Resolutions

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 day

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.

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Oversight of Executive Powers: 2021 Bills and Resolutions

Legislative chambers in at least 46 states, Guam and Puerto Rico have introduced/are considering about 300 bills or resolutions in 2021 that relate specifically to legislative oversight of governors' or executive actions during the Covid-19 pandemic or other emergencies. (For other legislation changing emergency management laws or other laws related to COVID-19, see NCSL's COVID-19 database.)

As indicated in bold below, bills or resolutions have been enacted or adopted in at least 18 states: Alaska, Arkansas, Connecticut, Florida, Idaho, Indiana, Kansas, Kentucky, Montana, New Hampshire, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Utah and Wyoming. 

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: Pending
Terminates the public health and disaster emergency and declaration of the state as a disaster area.

AR HJR 1001
Status: Pending
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: Pending
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: Pending
Terminates the public health and disaster emergency and declaration of the state as a disaster area.

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: Pending
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
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
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
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
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
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
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
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: Pending
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: Pending
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: Pending
Amends existing Law to revise provisions regarding the Governor's powers during a disaster emergency.

ID H.B. 135
Status: Pending
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: Pending
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: Pending
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: Pending
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: Pending
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: Pending
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: Pending
Amends existing law to revise provisions regarding the Disaster Emergency Account.

ID S.B. 1054
Status: Pending
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: Pending
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: Pending
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 SCR 103
Status: Pending
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.

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.

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
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. 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
Provides relative to termination of emergency declarations.

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: Vetoed
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: Vetoed
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: Pending
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: Pending
Concerns the governor's emergency powers.

ME S.B. 21
Status: Pending
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: Pending
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: Pending
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
Initiative Petition
Status: Adopted
Repeals the Emergency Powers of the Governor Act.

MI H.B. 4433
Status: Pending
Repeals the Emergency Powers of the Governor Act.

MI S.B. 1
Status: Vetoed
Provides for time limits on emergency orders issued in response to an epidemic unless extension is approved by the Legislature.

MI S.R. 9
Status: Adopted
Requests that that the Secretary of State and the Bureau of Elections complete the signature review process for the Unlock Michigan initiative petition.

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: Pending
(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: Pending
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.
 

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: To Governor
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.
 

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 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
tes 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.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 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.

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. 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. 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 S.B. 80
Status: Failed
Rela+C1:F332tes 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.

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.