State of Emergency declared by

State of Emergency terminated by

Time Limit on State of Emergency Declarations

Powers continued after termination

Authority to alter statutes or regulations

AL Code 31-9-8

Either the governor or the legislature

terminated after 60 days of latest proclamation/resolution

Governor may suspend any statute or regulation

AS 26.23

"Disaster emergency" chosen for analysis, more strict

Only the governor, but the legislature must approve extensions

Governor or a joint legislative resolution at any time

AS 26.23.020(c)

Governor may suspend any statute or regulation related to the emergency

AZ Rev State § 26-303

"State of emergency" chosen for analysis, NOT "state of war emergency"

Only the governor

Governor or a concurrent legislative resolution at any time

30 days per issuance, with 120 day maximum on state of emergency

Declarations and extensions of state of emergency may not exceed 30 days. Any state of emergency shall terminate after 120 days. Gov may not proclaim new emergency based on same coditions with out concurrent resolution from legislature

Governor may modify or suspend any statute or regulation

Ark Code 12-75: Arkansas Emergency Services Act of 1973

Only the governor. House and Senate shall convene within 8 days of declaration of public health emergency to debate and vote on concurrent resolution.

Governor or a concurrent legislative resolution at any time. Legislative Council may deny Governor's request for extension at 60 days. If gov requests renewal of more than one executive order, Legislative Council may consider each individually. Each executive order under public health disaster emergency is subject to termination by Legislative Council

Governor may suspend any statute or regulation related to the emergency. Legislative Council may reject Health Board directives restricting individual commerce/travel anytime

CA Gov Code 2-7: California Emergency Services Act

emergency defined

Only the governor

Governor or a joint legislative resolution at any time

"Non-war emergency may be terminated by concurrent resolution of the legislature declaring it at an end. CA GOVT § 8629"

"State of Emergency" statute

S 8567(b)

Governor may modify any statute or "make, amend, or rescind" regulations

§ 8657 & 8571

CO Rev Stat § 24-33.5-704

Only the governor

Governor or a joint legislative resolution at any time

CO ST § 24-33.5-704

Governor may suspend any statute or regulation related to the emergency

CT Gen Stat § 28-9 (2012) § 19a-131a (2013)

https://yankeeinstitute.org/2020/09/15/gov-lamonts-emergency-powers-challenged-in-court/

Analysis of civil preparedness emergency and public health emergency, not supply emergency (§ 42-231)

Only the governor, but a joint committee may "disapprove and nullify" within 3 days

Governor or a joint legislative resolution at any time

"EO effective up to 6 months unless sooner revoked" § 28-9(b)(1)

"6 months unless sooner revoked § 28-9(b)(1)"

Governor may modify or suspend any statute or regulation

§ 28-9(b)(1)

20 DE Code Title 30, ch. 31

Only the governor

Only the governor

§ 3101(2) -- definition of "emergency period"

Governor may suspend any statute or regulation related to the emergency

Title XVII Ch. 252

Only the governor

Legislature may terminate any order, rule, or emergency declaration at any time by passage of concurrent resolution

FL Stat 252.36

"Schools and businesses must remain open to the greatest extent practicable"

Governor may suspend any statute or regulation related to the emergency. "Schools and businesses must remain open to the greatest extent practicable."

§ 252.36(4)(a)

O.C.G.A. 38-3-51 (2010)

Only the governor, but must call legislature to special session in 2 days for a vote on concurrence or termination

Governor or a joint legislative resolution at any time

"The Governor shall have and may exercise for such period as the state of emergency or disaster exists or continues" O.C.G.A. 38-3-51(c)

Governor may suspend any statute or regulation related to the emergency

HI Rev Stat § 127A, 128

Only the governor

Only the governor

Haw. Rev. Stat. Ann. § 127A-14

Governor may modify or suspend any statute or regulation

ID Code § 46

Only the governor

Governor or a joint legislative resolution at any time

§ 46-1008

Governor may amend regulations, but cannot modify or remove statute

§ 46-1008

20 ILCS 3305

Only the governor

Only the governor

20 ILCS 3305/7

Governor may modify or suspend any statute or regulation

IC 10-14-3

http://iga.in.gov/legislative/2021/bills/house/1123#document-aa17430a

Analysis of "state of disaster emergency" not "energy emergency"

Only the governor.

Governor or a joint legislative resolution at any time. General assembly may convene in an emergency session if the legislative council adopts a resolution making certain findings concerning a state of emergency declared by the governor.

IC 10-14-3-12

Governor may suspend any statute or regulation related to the emergency

IC 10-14-3-12

IA Code 29C

Analysis of "disaster emergency" not a "state of public disorder"

Only the governor

Governor or a joint legislative resolution at any time. If legislature is not in session, Legislative Council may rescind emergency with majority vote

IA Code Sec 29C.3

Governor may suspend any statute or regulation related to the emergency

KS Stat § 48

Only the governor. No emergency may continue longer than 15 days unless ratified by concurrent resolution. Governor may make specific application to legislative coordinating council for 30-day extensions with an affirmative vote of 5 of 8 members.

Governor or a joint legislative resolution at any time

Governor may suspend any statute or regulation related to the emergency. "Governor may not order the closure or cessation of any business or commercial activity, whether for-profit or not-for-profit, for more than 15 days"

§ 48-925 & 925a

KRS § 39A

2021 bill (SB1)

Only the governor

Governor or a joint legislative resolution at any time. Executive orders issued by the Governor which restrict gatherings, enforce quarantine/isolation limited to 30 days unless an extension is approved by the General Assembly. Governor is prohibited from issuing a new executive order relating to the same emergency without the approval of the General Assembly

"Amend KRS 39A.090 to limit the effective dates of executive orders issued by the Governor to 30 days unless an extension is approved by the General Assembly, and prohibit the Governor from issuing a new executive order relating to the same emergency without the approval of the General Assembly"

No explicit authority for Governor to change statute or regulations

LRS 29-724

Pelican institute report

State supreme court so far has affirmed legislative authority to end state of emergency, sent case back to district court 12/21/20

Only the governor

Legislative resolution of either House or Senate at any time

La. Stat. Ann. § 29:724.

LRS 14-329.6

Governor may suspend any statute or regulation related to the emergency

MRS 37-B

Only the governor

Governor or a joint legislative resolution at any time

37B Sec. 743

30 days during COVID-19 era

37-B S742(1)(C)(13)

Governor may suspend any statute or regulation related to the emergency

Maryland Code Title 14 (§ 14-107)

Only the governor

Governor or a joint legislative resolution at any time

MD PUBLIC SAFETY § 14-107

§ 14-107

Governor may modify or suspend any statute or regulation

"Civil Defense Act" aka Chapter 639 of the Acts of 1950

Mass SJC decision on powers under CDA

Gov. Baker using cold war-era "civil defense act" instead of pandemic-specified emergency law. Court affirmed that pandemic falls under "other natural disaster"

Only the governor

Governor or a joint legislative resolution at any time

Chapter 639 of the Acts of 1950, § 22

No explicit authority for Governor to change statute or regulations

CDA § 7(k) allows governor "The suspension of the operation of any statute, rule or regulation which affects the employment of persons within the commonwealth...to remove any interference, delay or obstruction in connection with the production, processing or transportation of materials are necessary because of the existence of a state of emergency."

Emergency Management Act of 1976 (EMA)

MI Supreme Court ruling on EPGA, October 2020

Only the governor, but the legislature must approve of extensions

Governor or legislature by denying extension

30.403(3)

Governor may modify or suspend any statute or regulation

MN Stat § 12.31

Analysis of peacetime emergency, not war emergency

Only the governor, but the executive council must approve first extension after 5 days. Governor must call legislature to session for extension past 30 days

Governor or a joint legislative resolution at any time

12.31 sub 2(b)

Governor may create new or amend regulations, but cannot modify or remove statute

MS Code 33-15

Analysis of "state of war emergency" may be terminated by Legislature via concurrent resolution

Only the governor

Only the governor

MS Code § 33-15-11

Governor may suspend any statute or regulation related to the emergency

35-15-11 (c)

MO Rev Stat § 44.100

Either the governor or the legislature

Governor or a joint legislative resolution at any time

§ 44.100

Governor may suspend any statute or regulation related to the emergency

MT Code 10-3

Analysis on disaster emergency declared under 10-3-302. Gov must call special session within 45 days for post-attack emergency under § 10-3-505, and cannot last longer than 6mo w/o legislative concurrence

Only governor may declare, but legislature must concur after 30 days, unless declared by POTUS

Governor, or legislature may by joint resolution in regular or special session vote to terminate emergency, provide conditions or limits on governor’s actions, or approve/disapprove continuation of any executive order/proclamation/regulation enacted based on emergency

MT Code § 10-3-104

Governor may suspend any statute or regulation related to the emergency. “Governor may not suspend a statute that affects the exercise of an individual's constitutional rights under the US constitution or Montana constitution... even if the statute is otherwise considered a regulatory statute”

Neb. Rev. Stat. Ann. § 81-829.40

Only the governor

Governor or a joint legislative resolution at any time

Governor may suspend any statute or regulation related to the emergency

NRS 414.070

Either the governor or the legislature

Governor or a joint legislative resolution at any time

Nev. Rev. Stat. Ann. § 414.070

No explicit authority for Governor to change statute or regulations

Section 4.45

Either the governor or the legislature

Governor, or "legislature may terminate a state of emergency or any emergency order issued thereunder by a majority vote of both the senate and the house of representatives”

Governor may amend or create new regulations, but cannot modify or remove statute

N.J.S.A. 26:13-3 and N.J.S.A. App. A:9-34

http://ready.nj.gov/about-us/state-of-emergency.shtml

Only the governor

Only the governor

NJSA 26:13-3

Governor may modify or suspend any statute or regulation

N.M. Stat. Ann. § 12-10A-5

Only the governor

Only the governor

No explicit authority for Governor to change statute or regulations

N.Y. Exec. Law § 29-a (McKinney)

Only the governor

Governor or a joint legislative resolution at any time. Legislature may alter/terminate specific orders with joint resolution

Governor may modify or suspend any statute or regulation related to the emergency

NY Exec L § 29-A (2015)

NC Gen Stat §166A

Budget bill that amended emergency law (pg 440)

Broader powers more commonly found in other states require "concurrence of the Council of State" under the NC Emergency Mangement Act (166A-19.30(b)) although Gov. Roy Cooper has cited subsection (c) since late March 2020, which does not mention COS, but allows the governor to “impose by declaration prohibitions and restrictions in the emergency area … if he “determines that local control of the emergency is insufficient to assure adequate protection for lives and property.” This current use of the law shows that the COS concurrence in subsection (b) is not an effective requirement.

Either the governor or the legislature

Council of State unless approved after 30 days, and General Assembly unless approved after 60 days.

"shall expire when it is rescinded by the authority that issued it." 19-20(c)

Governor may create new regulations and impose prohibitions on localities related to the emergency

19.30(c) gives governor authority to "impose by declaration prohibitions and restrictions" on localities if he "determines that local control of the emergency is insufficient to assure adequate protection for lives and property"

ND Cent Code 37-17

Only the governor

Governor or a joint legislative resolution at any time

N.D. Cent. Code Ann. § 37-17.1-05

Governor may suspend any statute or regulation related to the emergency

OH 3701.13

"Public health emergency" analyzed since it grants broadest powers to executive branch via OH public health director: "The department may make special or standing orders or rules for preventing the use of fluoroscopes for nonmedical purposes that emit doses of radiation likely to be harmful to any person, for preventing the spread of contagious or infectious diseases"

Only the governor

Governor, or Legislature by concurrent resolution after 30 days. General assembly may rescind, in whole or in part, health dept actions to prevent spread of a contagious disease via concurrent resolution. Dept shall not reissue substantially similar action to that which was rescinded by legislature

Governor may request to suspend some administrative rules

ORC 125.061

Oklahoma Emergency Management Act of 2003 (63 O.S.)

Either the governor or the legislature

Governor or a joint legislative resolution at any time

Governor may suspend any statute or regulation related to the emergency

ORS 401

Only the governor

Governor or a joint legislative resolution at any time

Or. Rev. Stat. Ann. § 401.192

Governor may amend regulations, but cannot modify or remove statute

ORS 401.168

Stat of PA Title 35 ch 73

July PA supreme court ruling that Gov. Wolf can veto joint resolution

Only the governor

Governor, or legislature if extension denied. Gov may not issue new emergency declaration based on similar circumstances without concurrent resolution.

35 Pa. Stat. and Consol. Stat. Ann. § 7301

Governor may suspend any statute or regulation related to the emergency

RI Gen L § 30-15-9

RI Freedom Center on Emergency powers

Only the governor

Governor or a joint legislative resolution at any time

30 R.I. Gen. Laws Ann. § 30-15-9

Governor may suspend any statute or regulation related to the emergency

§ 25-1-440

South Carolina Homeland Security Act

AG & Solicitor General advisory on meaning of legislative "consent" allows Governor to repeatedly re-declare a state of emergency absent legislative action

Only the governor, but the legislature must concur within 15 days

Governor or a joint legislative resolution at any time

Governor may amend regulations, but cannot modify or remove statute

Only the governor

Only the governor, otherwise by time limit

Governor may amend regulations, but cannot modify or remove statute

TN Code 58-2-107

Only the governor

Only the governor

Governor may suspend any law or regulation related to the emergency

TX Code Ch 418

Only the governor

Governor or a joint legislative resolution at any time

Governor may suspend any law or regulation related to the emergency

Utah Code 53-2a-204

Only the governor, but the legislature must concur within 30 days

Governor or a joint legislative resolution at any time

53-2a-206

Governor may suspend any law or regulation related to the emergency

§ 53-2a-209

20 VSA

Only the governor

Only the governor

20 VSA § 13

180 days for executive orders regarding energy transmission & environment

No explicit authority for Governor to change statute or regulations

VA Code § 44-146

Only the governor

Only the governor

effect of emergency orders limited to 45 days after issuance. Unless altered by the legislature within 45 day period, "the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency"

No explicit authority for Governor to change statute or regulations

RCW ch 43.06.220

Only the governor

Only the governor

None for state of emergency. 30 day limit for certain executive orders which suspend statute.

Governor may suspend any law or regulation related to the emergency that does not interfere with First Amendment rights to speech or assembly, or with prequisite conditions for federal funds.

WV Code S15-5-6

Either the governor or the legislature

Governor or a joint legislative resolution at any time

Governor may suspend any law or regulation related to the emergency

WI Stat 232

Only the governor, but the legislature must concur after 60 days

Governor or a joint legislative resolution at any time

definition of "disaster period"

Governor may amend regulations, but cannot modify or remove statute

WY Stat ch 13

Only the governor

Only the governor

No explicit authority for Governor to change statute or regulations