From Ballotpedia
Last updated: November 17, 2021
As the novel coronavirus swept through the country in early 2020, governors and state agencies in all 50 states relied on emergency powers to enact lockdown and stay-at-home orders, mask mandates, and other restrictions on businesses and individuals. State codes generally allow governors to declare a state of emergency in response to natural disasters, disease epidemics, and other dangers to public health.
Public officials, voters, and other stakeholders raised questions throughout 2020 and into 2021 about the emergency powers used to respond to the pandemic, leading to conflict between governors and legislatures. In many states, officials introduced bills to allow legislators to terminate emergency declarations and orders or restrict a governor's authority to regulate city and county-level public health decisions.
This page contains summaries of bills or ballot measures that have been enacted or certified for the ballot in 2020 and 2021 that limit or otherwise modify a governor's authority to declare emergencies. To read the specific statutes in all 50 states that authorized governors to declare statewide emergencies in response to the coronavirus pandemic in 2020, click here. This page is updated weekly on Wednesdays.
You will find the three most recent updates on this timeline. To see a full timeline, click here.
Since March 2020, twelve bills aimed at increasing legislative oversight of gubernatorial emergency power authority have been enacted in nine states, including Arkansas, Colorado, Indiana, Kansas, Kentucky, New York, Ohio, Pennsylvania, and Utah.[5]
One ballot measure has been approved in Pennsylvania that increased legislative oversight of emergency power authority.
According to the National Conference of State Legislatures, at least 45 state legislatures have introduced more than 300 bills that relate to the oversight of governors' emergency powers in 2021.[6]
| Bills or ballot measures that modify executive branch emergency authority | |||
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| State | Bill | Date enacted | What changed? |
| Arkansas | Senate Bill 379 and House Bill 1211 | Senate Bill 379: March 19, 2021 House Bill 1211: February 10, 2021 |
Senate Bill 379: Limited disaster emergencies to 60 days unless extended by the governor, allows legislative leadership to convene special sessions to debate ending disaster emergencies, and authorizes the Legislative Council to vote to block disaster emergency extensions beyond 60 days. House Bill 1211: Prohibited the governor from closing or imposing restrictions that present a "substantial burden" on religious organizations during a state of emergency. |
| Colorado | House Bill 1426 | July 14, 2020 | House Bill 1426: Required governor's office to hold three public meetings a year with the Executive Committee of the Legislative Council and the Joint Budget Committee to answer questions and provide information during a disaster emergency. |
| Indiana | House Bill 1123 | April 15, 2021 | House Bill 1123: Allowed the General Assembly to convene a 40-day special session in a state of emergency, during which the Assembly can vote to terminate the emergency. |
| Kansas | Senate Bill 40 and House Bill 2016 | Senate Bill 40: March 24, 2021 House Bill 2016: June 8, 2020 |
Senate Bill 40: Allowed anyone who has been burdened by an executive order, school board policy, or county health directive to file a civil action in court. Empowered the Legislative Coordinating Council to override gubernatorial executive orders and expanded it from seven to eight members. House Bill 2016: Prohibited governor from declaring new COVID-19 states of emergency in 2020 without first seeking approval from at least six members of the state finance council. Limited the number of days the governor could close businesses and amended the Kansas Emergency Management Act to require the governor to terminate an emergency proclamation within 15 days unless the legislature vote to extend it through a concurrent resolution. |
| Kentucky | Senate bill 1 and Senate Bill 2 | February 2, 2021 | Senate bill 1: Limited the governor's emergency orders to 30 days unless extended by the legislature and required the governor to seek approval from the attorney general when issuing emergency orders that suspend statutes during an emergency. Senate Bill 2: Granted legislative committees more oversight of the governor's emergency administrative regulations and requires public input for some emergency regulations. |
| New York | Senate Bill 5357 | March 7, 2021 | Senate Bill 5357: Repealed Gov. Andrew Cuomo's powers to respond to the pandemic through executive orders under Chapter 23 of the laws of 2020 and authorized the legislature to revoke via a concurrent resolution any executive order issued under Chapter 23. |
| Ohio | Senate Bill 22 | March 24, 2021 | Senate Bill 22: Provided the legislature with the authority to cancel health orders that last longer than 30 days and required the governor to renew such orders every 60 days. |
| Pennsylvania | House Bill 2463 and Senate Bill 2 | House Bill 2463: July 27, 2020 Senate Bill 2: May 18, 2021 |
House Bill 2463: Amended the Administrative Code of 1929 to prohibit the governor from directing state agencies to ignore requests for public records during disaster declarations. Senate Bill 2: Legislatively referred constitutional amendments. The amendments limited emergency declarations to 21 days unless extended by the legislature and allowed the Pennsylvania General Assembly to pass resolutions terminating emergencies. |
| Utah | House Bill 3005 | May 11, 2020 | Required the governor to alert the legislative pandemic response team within 24 hours of taking any executive actions in response to an epidemic or pandemic and allowed the legislature to issue a joint resolution terminating executive actions taken in response to a pandemic or epidemic. |
This section contains summaries of legislation since March 2020 aimed at restricting emergency power authority. Only legislation that has been enacted into law appears here. Proposed legislation and legislation that has passed only one chamber of a state legislature is not included. If you know of a noteworthy story we are missing, please email us at editor@ballotpedia.org.
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Gov. Asa Hutchinson (R) signed Senate Bill 379 into law on March 19, 2021. The law limited statewide state of disaster emergencies to 60 days unless extended by the Governor. The law also allowed the leadership or the majority in each chamber to convene outside the legislative session to debate ending a state of disaster emergency. Additionally, the bill authorized the Legislative Council, a group of lawmakers who meet outside of the legislative session, to vote to block the governor's extension of an emergency beyond 60 days.[7][8]
To read the text of the bill, click here.
To see a full timeline, click here.
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Gov. Asa Hutchinson (R) allowed House Bill 1211 to become law without his signature on February 10, 2021. The law prohibits the governor from closing or imposing restrictions that present a "substantial burden" on religious organizations during a state of emergency. The law does allow the governor to impose "neutral" health and safety requirements applicable to all organizations. Religious organizations can sue the governor for damages if the governor violates the law's protections.[9][10]
To read the text of the law, click here.
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Gov. Jared Polis (D) signed House Bill 1426 into law on July 14, 2020. If the governor has declared a disaster emergency, the law requires the governor's office to hold three public meetings a year with the Executive Committee of the Legislative Council and the Joint Budget Committee to answer questions and provide information on the emergency. The law also requires the governor or state agencies to provide information to the Colorado General Assembly on any executive orders issued in connection with the disaster emergency.[11]
To read the text of the bill, click here.
To see a full timeline, click here.
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House Bill 1123 became a law on April 15, 2021, after the Indiana House of Representatives and Senate voted to override Gov. Eric Holcomb's (R) April 9 veto. The law allows the General Assembly to convene a 40-day special session during a state of emergency. During the special session, the Assembly could terminate gubernatorial emergency orders. In a letter announcing he would veto the legislation, Holcomb wrote, "[t]he legislation impermissibly attempts to give the General Assembly the ability to call itself into a special session, thereby usurping a power given exclusively to the governor. As such, it seeks to accomplish that which the Indiana Constitution clearly prohibits." Holcomb said he would challenge the law in court.[12][13][14]
To read the text of the bill, click here.
To see a full timeline, click here.
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Gov. Laura Kelly (D) signed Senate Bill 40 into law on March 24, 2021.[15] The law extended the statewide disaster declaration from March 31 to May 28, while also placing new limits on the governor's emergency powers. The law allowed anyone who has been burdened by an executive order, school board policy, or county health directive to file a civil action in court. Courts must conduct a hearing within 72 hours to determine if the order or policy is narrowly tailored to the emergency and uses the least restrictive means to achieve its ends. The law also expanded the Legislative Coordinating Council from seven to eight members and empowers it to override gubernatorial executive orders. Previously, that authority had fallen on the State Finance Council, which was chaired by the governor.[16]
To read the full text of the law, click here.
To see a full timeline, click here.
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Gov. Laura Kelly (D) signed House Bill 2016 into law on June 8, 2020 during a special session of the legislature. The law extended Kelly's coronavirus state of emergency while also prohibiting her from declaring new COVID-19 states of emergency in 2020 without first seeking approval from at least six members of the state finance council. The law put limits on the number of days the governor could close businesses and amended the Kansas Emergency Management Act to require the governor to terminate an emergency proclamation within 15 days unless the legislature votes to extend it through a concurrent resolution.[17]
To read the full text of the law, click here.
To see a full timeline, click here.
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Senate Bill 1 became a law on February 2, 2021, after both chambers of the Kentucky General Assembly voted to override Gov. Andy Beshear's veto. Beshear vetoed the bill on January 19, 2021. Franklin Circuit Court Judge Phillip Shepherd temporarily blocked parts of Senate Bill 1 from taking effect on March 3, after Beshear filed a lawsuit arguing Senate Bills 1 and 2 would undermine public health measures meant to protect people in Kentucky from the coronavirus pandemic.[18] On August 21, The Kentucky Supreme Court overturned Shepherd's temporary injunction against Senate Bill 1 and Senate Bill 2.[19]
The law limits the governor's emergency orders to 30 days unless extended by the legislature. The law also requires the governor to seek approval from the attorney general when issuing emergency orders that suspend statutes during an emergency.[20]
To read the full text of the bill, click here.
To see a full timeline, click here.
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Senate Bill 2 became a law on February 2, 2021, after both chambers of the Kentucky General Assembly voted to override Gov. Andy Beshear's veto. Beshear vetoed the bill on January 19, 2021. Franklin Circuit Court Judge Phillip Shepherd temporarily blocked parts of Senate Bill 2 from taking effect on March 3, after Beshear filed a lawsuit arguing Senate Bills 1 and 2 would undermine public health measures meant to protect people in Kentucky from the coronavirus pandemic.[23] On August 21, The Kentucky Supreme Court overturned Shepherd's temporary injunction against Senate Bill 1 and Senate Bill 2.[24]
Senate Bill 2 grants legislative committees more oversight of the governor's emergency administrative regulations and requires public input for some emergency regulations.[25][26]
To read the full text of the bill, click here.
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Gov. Andrew Cuomo (D) signed Senate Bill 5357 into law on March 7, 2021. The law repealed Chapter 23 of the laws of 2020, which expanded Cuomo's powers to respond to the pandemic through executive orders and directives on March 3, 2020.[29] Senate Bill 5357 authorized the legislature to revoke via a concurrent resolution any executive order issued under Chapter 23. Orders and directives issued under Chapter 23 and still active at the time Senate Bill 5357 became law were left active for 30 days, and the governor could extend or modify those orders so long as the legislature is notified within 5 days. Senate Bill 5357 also required the governor to create a searchable website listing all executive actions from the start of the pandemic.[30][31][32]
To read the full text of the law, click here.
To see a full timeline, click here.
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Senate Bill 22 became a law on March 24, 2021. The law provided the legislature with the authority to cancel health orders that last longer than 30 days and required the governor to renew such orders every 60 days. The law also created a legislative panel to provide oversight of the governor’s health orders and restricted local officials’ authority to require people to quarantine without a medical diagnosis.[34]
To read the text of the bill, click here.
To see a full timeline, click here.
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Governor Tom Wolf (D) allowed House Bill 2463 to become law without his signature on July 27, 2020. In a statement, Wolf said that although he disagreed with the bill, he would "err on the side of transparency" and allow it to become law.[35] The law amended the Administrative Code of 1929 to prohibit the governor from directing state agencies to ignore requests for public records during disaster declarations.[36]
To read the text of the bill, click here.
To see a full timeline, click here.
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Gov. Gary Herbert (R) signed House Bill 3005 into law on May 11, 2020. The law required the governor to alert the legislative pandemic response team within 24 hours of taking any executive actions in response to an epidemic or pandemic. That required is waived if the governor finds that there is an imminent threat to life or property. The law also allows the legislature to issue a joint resolution terminating executive actions taken in response to a pandemic or epidemic.[37]
To read the text of the bill, click here.
To see a full timeline, click here.
This section contains summaries of ballot measures that have been certified for the ballot since March 2020 that aim to change or restrict emergency power authority. If you know of a noteworthy story we are missing, please email us at editor@ballotpedia.org. To see all ballot measures in response to the coronavirus pandemic, click here.
| Partisan control at the time measure was certified for the ballot | |||||||||
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Senate Bill 2 includes two legislatively referred constitutional amendments that were certified for the ballot on February 5, 2021. Voters approved both amendments on May 18. The proposed amendments appeared on the ballot in the May 18, 2021 election. In Pennsylvania, a simple majority vote is required in two successive sessions of the Pennsylvania General Assembly to place a constitutional amendment on the ballot.
The Pennsylvania Emergency Declarations Amendment measure defines the governor's power to use executive orders and proclamations to declare emergencies and limits those declarations to 21 days unless the legislature votes to extend them. To read our full coverage of this amendment, click here.
The Pennsylvania Legislative Resolution to Extend or Terminate Emergency Declaration Amendment measure allows the Pennsylvania General Assembly to pass a resolution, which would not require the governor's signature, to extend or terminate the governor's emergency declaration. To read our full coverage of this amendment, click here.
To see a full timeline of Senate Bill 2, click here
The following map illustrates which state legislatures can terminate a governor's emergency declaration as of April 7, 2021. Note that vote numbers are not recorded in the map. In Pennsylvania, for example, a two-thirds legislative vote could be required to terminate a governor's emergency declaration, assuming the governor vetos the resolution passed by at least a simple majority.[41][42][43]
The legislatures of four states—Alaska, Kansas, Michigan, Minnesota—are required to vote on extending or terminating a governor's emergency declarations.[41][42]
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