Legislative Oversight of Emergency Executive Powers

7/8/2017

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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 or 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. Kind of like the fictional rule that a genie’s lamp can’t be used to wish for more wishes, governors can’t 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. In Louisiana, an emergency declaration may be terminated by a resolution of either chamber. 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 states will 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 pending legislation is also featured on this page, below the table of statutes.

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. Ann. § 26.20.040.

A proclamation of disaster emergency may not remain in effect longer than 30 days unless extended by the legislature by a concurrent resolution. The proclamation must indicate the nature of the disaster, the area threatened or affected, and the conditions that have brought it about or that make possible the termination of the disaster emergency. A proclamation to declare a condition of disaster emergency must also state whether the governor proposes to expend state funds to respond to the disaster... (i) If the governor declares a condition of disaster emergency, the governor may expend during a fiscal year not more than $1,000,000 of state funds per disaster declaration, including the assets of the disaster relief fund, to (1) save lives, protect property and public health and safety, or lessen or avert the threat of the disaster that poses a direct and imminent threat of sufficient severity and magnitude to justify state action; (2) implement provisions of law relating to disaster relief to cope with the disaster; (3) alleviate the effects of the disaster by making grants or loans to persons or political subdivisions on terms the governor considers appropriate or by other means the governor considers appropriate. (j) If the disaster described in the governor's proclamation to declare a condition of disaster emergency is a fire, the governor may expend state funds as necessary to save lives or protect property and public health and safety. (k) The governor may expend more than $500,000 of state funds to cope with an incident under (h) of this section or more than $1,000,000 of state funds to cope with a disaster under (i) of this section under the following circumstances: (1) if the legislature is in session, the legislature approves a financing plan to cope with the incident or disaster that identifies the amount in excess of the expenditure limits that is to be expended from state funds; 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 to cope with an incident to the legislature and the legislature convenes in special session and approves a financing plan to cope with the incident or disaster that identifies the amount in excess of the expenditure limits that is to be expended from state funds; 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. Ann. § 26.23.020.

When the governor declares a condition of disaster emergency (described in the paragraph immediately above), concurrently with the issuance of the proclamation, 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 describing the amount by fund source of money, including the amount of state match for federal funds, that the governor proposes to use to cope with the disaster, the estimated total expenditures necessary to cope with the disaster, and the estimated time frame necessary to cope with the disaster. (b) 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. Ann. § 26.23.025.

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. Ann. § 26-303.
Arkansas The General Assembly, by concurrent resolution, may terminate a state of disaster emergency at any time. Ark. Code Ann. § 12-75-107.
California

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

Non-war emergency may be terminated by concurrent resolution of the legislature declaring it at an end. CA GOVT § 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 Any such proclamation, or order issued pursuant thereto, issued by the governor because of a disaster resulting from man-made cause may be disapproved by majority vote of a joint legislative committee consisting of the president pro tempore of the Senate, the speaker of the House of Representatives and the majority and minority leaders of both houses of the General Assembly, provided at least one of the minority leaders votes for such disapproval. Such disapproval shall not be effective unless filed with the Secretary of the State not later than 72 hours after the filing of the governor's proclamation with the Secretary of the State. As soon as possible after such proclamation, if the General Assembly is not then in session, the governor shall meet with the president pro tempore of the Senate, the speaker of the House of Representatives, and the majority and minority leaders of both houses of the General Assembly and shall confer with them on the advisability of calling a special session of the General Assembly. Conn. Gen. Stat. Ann. § 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. Ann. § 252.36.
Georgia As a condition precedent to declaring that a state of emergency or disaster exists as a result of a public health emergency, the governor shall issue a call for a special session of the General Assembly... which session shall convene at 8:00 A.M. on the second day following the date of such declaration for the purpose of concurring with or terminating the public health emergency. Ga. Code 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 Ann. § 46-1008.
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

No relevant provisions found. Statute addressing emergency executive authority is located at KY ST § 39A.100.

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: Civil Defense Act. (external link here, active as of 5/11/2020)
Michigan No relevant provisions found. Statute addressing emergency executive authority is located at Mich. Comp. Laws Ann. § 10.31.
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.
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 legislature may terminate a state of emergency by concurrent resolution adopted by a majority vote of each chamber. The governor's power to renew a declaration of a state of emergency shall terminate upon the adoption of a concurrent resolution under this subparagraph; provided, however, that such resolution shall not preclude the governor from declaring a new emergency for different circumstances under paragraph I of this section. 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. N.Y. Exec. Law § 29-a (McKinney).
North Carolina A state of emergency declared shall expire when rescinded by the authority that issued it (legislative or gubernatorial). N.C. Gen. Stat. Ann. § 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 No relevant provisions found. Statute addressing emergency executive authority is located at OH ST § 5502.22.
Oklahoma The existence of such emergency may be proclaimed by the governor or by concurrent resolution of the Legislature if the governor in such proclamation, or the Legislature in such resolution, finds that an emergency or disaster has occurred or is anticipated in the immediate future. 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. Or. Rev. Stat. Ann. § 401.192.
Pennsylvania The state of disaster emergency shall continue until the governor finds that the threat or danger has passed or the disaster has been dealt with to the extent that emergency conditions no longer exist and terminates the state of disaster emergency by executive order or proclamation, but no state of disaster emergency may continue for longer than 90 days unless renewed by the governor. The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time. Thereupon, the governor shall issue an executive order or proclamation ending the state of disaster emergency. All executive orders or proclamations issued under this subsection shall indicate the nature of the disaster, the area or areas threatened and the conditions which have brought the disaster about or which make possible termination of the state of disaster emergency. 35 Pa. Stat. and Consol. Stat. Ann. § 7301.
Puerto Rico

The legislature shall pass judgment on the content of emergency executive orders and may delimit their scope through a concurrent resolution. 3 L.P.R.A. § 1942

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 No relevant provisions found. Statute addressing emergency executive authority is located at S.C. Code Ann. § 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 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 Ann. § 53-2a-206.
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.

Oversight of Executive Powers: Bills and Resolutions

Legislative chambers in at least 23 states and the Virgin Islands have introduced bills or resolutions that would limit governors' powers or executive spending during the Covid-19 pandemic or other emergencies. 

Arkansas
SB 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
AB 1857
Status: Pending
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.

Colorado
HB 1426
Status: To Governor
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.

Delaware
HB 330
Status: Pending
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: 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, extension may continue in effect until the General Assembly is able to convene in regular or special session.

SB 3987
Status: Pending
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.

Kansas
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).

Louisiana
HCR 58
Status: Pending
Suspends certain provisions related to the governor's authority to declare an emergency, disaster, or public health emergency as it relates to the coronavirus.

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: Pending
(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.

HB 139 b
Status: Pending
(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: Pending
(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: Pending
Calls for the immediate termination of Executive Order 20-2.

New Jersey
AB 1417
Status: Pending
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
Limits the number of days of an effective period for certain 
emergency orders, rules or regulations.

AB 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.

ACR 181
Status: Pending

Proposes constitutional amendment to limit effective period of certain emergency orders, rules, or regulations issued by Governor to 14 days.

SB 2482
Status: Pending
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
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
Proposes constitutional amendment to limit effective period of certain emergency orders, rules, or regulations issued by Governor to 14 days.

Nevada

BDR 41
Status: Pending
Limits the duration of a state of emergency or declaration of disaster declared by the governor. 

New York
AB 6384
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.

AB 10449
Status: Pending
Amends the Executive Law; eliminated the powers of the governor to issue any directive necessary to respond to a state disaster. 

AB 10546
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; requires a specification and explanation of which municipalities are effected by such suspension of Laws.

S.B. 8466
Status: Pending
Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days; 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.

North Carolina
HB 1170
Status: Pending
Provides for expiration of executive orders and states of emergency issued by the Governor.

Ohio
HB 617
Status: Pending
Establishes legislative approval procedures for shutdown orders.

HB 618
Status: Pending
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 682
Status: Pending
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

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: Pending

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: Pending
Provides for power of governor during emergency.

HB 1788
Status: Pending
Provides for the power of the governor during an emergency.

HB 2463
Status: Pending
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: Adopted (Signed in Senate, June 10, 2020)
(Concurrent Resolution) Terminates the disaster emergency declared in response to the cases of coronavirus.

South Carolina
HB 5473
Status: Pending
(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: Pending
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: Pending
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: Pending
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 (Special session) 
Status: Enacted
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.

Washington
SB 5260
Status: Enacted
Revises provisions relating to powers to waive statutory obligations or limitations during a state of emergency in order to cope with the emergency. Provides that the governor shall give as much notice as practical to legislative leadership and impacted local governments when issuing orders. Provides that no orders concerning waiver or suspension of statutory obligations or limitations may continue for longer than thirty days unless extended by the legislature through concurrent resolution.

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.

Virgin Islands
BR 23
Status: Pending
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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