Changes to state emergency power laws in response to the coronavirus (COVID-19) pandemic, 2020-2023

Scroll here for more articles
Current coverage
Active COVID-19 emergency orders • Changes to emergency power laws • Federal government responses • Mask requirements • School policies in the 2021-2022 academic year • State vaccine requirement (vaccine passport) policies • State employee vaccine requirements • State plans to end federal unemployment • State unemployment filings • Travel restrictions • Vaccine distribution plans
Vaccines
School policies
Mask requirements
Federal pandemic responses
Travel restrictions
Elections
Economy and society
State policies
Debate about government responses
Click here to see our complete coronavirus coverage
Responses by state AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingSubmit

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 was updated weekly between April 2021 and December 2023.

This page contains summaries of bills or ballot measures that were enacted or certified for the ballot in 2020 and 2021 limiting or otherwise modifying 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.

Overview

Between March 2020 and December 2023, twelve bills aimed at increasing legislative oversight of gubernatorial emergency power authority were enacted in nine states, including Arkansas, Colorado, Indiana, Kansas, Kentucky, New York, Ohio, Pennsylvania, and Utah.

One ballot measure was approved in Pennsylvania that increased legislative oversight of emergency power authority.

Enacted legislation

This section contains summaries of legislation aimed at restricting emergency power authority. Proposed legislation and legislation that had passed only one chamber of a state legislature was not included. If you know of a noteworthy story we are missing, please email us at editor@ballotpedia.org.

Arkansas

Senate Bill 379

Partisan control at the time legislation was enacted
Governorship	Senate	House

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.^[1][2]

To read the text of the bill, click here.

Timeline

To see a full timeline, click here.

• March 19, 2021: Gov. Hutchinson (R) signed Senate Bill 379 into law.
• March 15, 2021: Passed the House 78-16.
• March 4, 2021: Passed the Senate 27-4.

House Bill 1211

Partisan control at the time legislation was enacted
Governorship	Senate	House

Hutchinson 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.^[3][4]

To read the text of the law, click here.

Timeline

• February 10, 2021: House Bill 1211 became law without Hutchinson's signature.
• February 3, 2021: The Senate passed House Bill 1211 31-0.
• January 28, 2021: The House passed House Bill 1211 75-10.

Colorado

House Bill 1426

Partisan control at the time legislation was enacted
Governorship	Senate	House

Gov. Jared Polis (D) signed House Bill 1426 into law on July 14, 2020. If the governor declared a disaster emergency, the law required 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 required the governor or state agencies to provide information to the Colorado General Assembly on any executive orders issued in connection with the disaster emergency.^[5]

To read the text of the bill, click here.

Timeline

To see a full timeline, click here.

• July 14, 2020: Gov. Polis signed House Bill 1426.
• June 15, 2020: Passed the House 62-3.
• June 15, 2020: Passed the Senate 33-2.

Indiana

House Bill 1123

Partisan control at the time legislation was enacted
Governorship	Senate	House

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 allowed 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.^[6][7][8]

To read the text of the bill, click here.

Timeline

To see a full timeline, click here.

• April 15, 2021: Senate voted to override gubernatorial veto 36-8.
• April 15, 2021: House voted to override gubernatorial veto 59-26.
• April 9, 2021: Holcomb vetoed House Bill 1123.
• March 5, 2021: Senate passed bill 37-10.
• March 5, 2021: House passed bill 64-33.

Kansas

Senate Bill 40

Partisan control at the time legislation was enacted
Governorship	Senate	House

Gov. Laura Kelly (D) signed Senate Bill 40 into law on March 24, 2021.^[9] 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 were required to conduct a hearing within 72 hours to determine if the order or policy was narrowly tailored to the emergency and used the least restrictive means to achieve its ends. The law also expanded the Legislative Coordinating Council from seven to eight members and empowered it to override gubernatorial executive orders. Previously, that authority had fallen on the State Finance Council, which the governor chaired.^[10]

To read the full text of the law, click here.

Timeline

To see a full timeline, click here.

• March 24, 2021: Gov. Kelly signed Senate Bill 40.
• March 16, 2021: Passed the Senate 31-8.
• March 16, 2021: Passed the House 118-5.

House Bill 2016

Partisan control at the time legislation was enacted
Governorship	Senate	House

Kelly 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.^[11]

To read the full text of the law, click here.

Timeline

To see a full timeline, click here.

• June 4, 2020: Gov. Kelly (D) signed House Bill 2016.
• June 4, 2020: Passed by Senate 26-12.
• June 3, 2020: Passed by House 107-12.

Kentucky

Senate bill 1

Partisan control at the time legislation was enacted
Governorship	Senate	House

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 (D) 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.^[12] On August 21, The Kentucky Supreme Court overturned Shepherd's temporary injunction against Senate Bill 1 and Senate Bill 2.^[13]

The law limited the governor's emergency orders to 30 days unless extended by the legislature. The law also required the governor to seek approval from the attorney general when issuing emergency orders that suspend statutes during an emergency.^[14]

To read the full text of the bill, click here.

Timeline

To see a full timeline, click here.

• August 21, 2021: The Kentucky Supreme Court overturned Franklin Circuit Court Judge Phillip Shepherd's temporary injunction against Senate Bill 1 and Senate Bill 2, two laws that limited Beshear's emergency powers. Shepard blocked the laws on March 3.^[15][16]
• February 2, 2021: Senate voted to overrides Governor's veto 29-8.
• February 2, 2021: House voted to override Governor's veto 69-20.
• January 19, 2021: Beshear vetoes bill.
• January 9, 2021: Passed the House 75-21.
• January 7, 2021: Passed the Senate 27-9.

Senate Bill 2

Partisan control at the time legislation was enacted
Governorship	Senate	House

Senate Bill 2 became a law on February 2, 2021, after both chambers of the Kentucky General Assembly voted to override 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.^[17] On August 21, The Kentucky Supreme Court overturned Shepherd's temporary injunction against Senate Bill 1 and Senate Bill 2.^[18]

Senate Bill 2 grants legislative committees more oversight of the governor's emergency administrative regulations and requires public input for some emergency regulations.^[19][20]

To read the full text of the bill, click here.

Timeline

• August 21, 2021: The Kentucky Supreme Court overturned Franklin Circuit Court Judge Phillip Shepherd's temporary injunction against Senate Bill 1 and Senate Bill 2, two laws that limited Beshear's emergency powers. Shepard blocked the laws on March 3.^[21][22]
• February 2, 2021: Senate voted to overrides Governor's veto 31-6.
• February 2, 2021: House voted to override Governor's veto 69-20.
• January 19, 2021: Gov. Beshear's vetoes bill.
• January 9, 2021: Passed the House 74-21.
• January 7, 2021: Passed the Senate 31-6.

New York

Senate Bill 5357

Partisan control at the time legislation was enacted
Governorship	Senate	House

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.^[23] 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.^[24][25][26]

To read the full text of the law, click here.

Timeline

To see a full timeline, click here.

• March 7, 2021: Gov. Cuomo signed Senate Bill 5357 into law.
• March 5, 2021: Passed the Assembly 107-43.^[27]
• March 5, 2021: Passed the Senate 43-20.

Ohio

Senate Bill 22

Partisan control at the time legislation was enacted
Governorship	Senate	House

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.^[28]

To read the text of the bill, click here.

Timeline

To see a full timeline, click here.

• March 24, 2021: The Ohio legislature voted to override Gov. Mike DeWine’s (R) veto of Senate Bill 22. The Senate voted 23-10 to override the veto, while the House voted 62-35 to do the same.
• March 23, 2021: Gov. DeWine vetoed Senate Bill 22.
• March 10, 2021: Passed the House 57-38.
• February 17, 2021: Passed the Senate 25-8.

Pennsylvania

House Bill 2463

Partisan control at the time legislation was enacted
Governorship	Senate	House

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.^[29] 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.^[30]

To read the text of the bill, click here.

Timeline

To see a full timeline, click here.

• July 27, 2020: Became law without governor's signature.
• July 15, 2020: Passed the Senate 50-0
• May 5, 2020: Passed the House 202-0

Utah

House Bill 3005

Partisan control at the time legislation was enacted
Governorship	Senate	House

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 requirement was waived if the governor found that there was an imminent threat to life or property. The law also allowed the legislature to issue a joint resolution terminating executive actions taken in response to a pandemic or epidemic.^[31]

To read the text of the bill, click here.

Timeline

To see a full timeline, click here.

• April 27, 2020: Signed by Gov. Herbert (R).
• April 23, 2020: Passed the House 66-9.
• April 23, 2020: Passed the Senate 27-2.

Ballot measures

This section contains summaries of ballot measures that were certified for the ballot and aimed 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.

Pennsylvania

Senate Bill 2

Partisan control at the time measure was certified for the ballot
Governorship	Senate	House

Senate Bill 2 included 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 at the time, a simple majority vote was required in two successive sessions of the Pennsylvania General Assembly to place a constitutional amendment on the ballot.

The Pennsylvania Emergency Declarations Amendment measure defined the governor's power to use executive orders and proclamations to declare emergencies and limited those declarations to 21 days unless the legislature voted 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 allowed 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.

Timeline

To see a full timeline of Senate Bill 2, click here

• May 18, 2021: Voters approved Question 1 52.05 percent to 47.95. Voters approved Question 2 51.97 percent to 48.03 percent.
• February 5, 2021: Passed the Pennsylvania House of Representatives 116-86.
• January 26, 2021: Passed the Pennsylvania State Senate 28-20.
• July 15, 2021: Passed the Pennsylvania State Senate 33-17.
• July 14, 2020: Passed the Pennsylvania House of Representatives 115-86.

Timeline

• August 21, 2021: The Kentucky Supreme Court overturned Franklin Circuit Court Judge Phillip Shepherd's temporary injunction against Senate Bill 1 and Senate Bill 2, two laws that limited Gov. Andy Beshear's (D) emergency powers. Shepard blocked the laws on March 3.^[32][33]
• May 18, 2021: Pennsylvania voters approved two constitutional amendments restricting gubernatorial emergency powers. The legislatively referred constitutional amendments were the result of Senate Bill 2, which became certified for the ballot on February 5, 2021.^[34]
• April 15, 2021: Indiana House Bill 1123 became law after the state House of Representatives and Senate voted to override Gov. Eric Holcomb's (R) veto.
• March 24, 2021: Ohio Senate Bill 22 became a law after the legislature voted to override Gov. Mike DeWine's (R) veto.
• March 24, 2021: Kansas Gov. Laura Kelly (D) signed Senate Bill 40 into law.
• March 19, 2021: Kentucky Gov. Asa Hutchinson (R) signed signed Senate Bill 379 into law.
• March 7, 2021: New York Gov. Andrew Cuomo (D) signed Senate Bill 5357 into law.
• February 10, 2021: Kentucky House Bill 1211 became law without Gov. Asa Hutchinson's signature.
• February 5, 2021: Two legislatively referred constitutional amendments in Utah Senate Bill 2 became certified for the ballot.
• February 2, 2021: Kentucky Senate Bill 1 became a law after both chambers of the Kentucky General Assembly voted to override Gov. Andy Beshear's veto.
• February 2, 2021: Kentucky Senate Bill 2 became a law a law after both chambers of the Kentucky General Assembly voted to override Gov. Andy Beshear's veto.
• July 27, 2021: Pennsylvania Governor Tom Wolf (D) allowed House Bill 2463 to become law without his signature
• July 14, 2020: Colorado Gov. Jared Polis (D) signed House Bill 1426 into law.
• June 8, 2020: Kansas Gov. Laura Kelly (D) signed House Bill 2016.
• May 11, 2020: Utah Gov. Gary Herbert (R) signed House Bill 3005 into law.

Background

Legislative power to terminate governor's declaration by state

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 vetoes the resolution passed by at least a simple majority.^[35][36][37]

Legislature required to vote on declaration

The legislatures of four states—Alaska, Kansas, Michigan, Minnesota—are required to vote on extending or terminating a governor's emergency declarations.^[35][36]

• In Kansas, the legislature must vote to extend or terminate the governor's emergency order within 15 days after it is first issued.

• In Michigan, the legislature must vote on the emergency order within 28 days.

• In Alaska and Minnesota, the legislatures must vote to extend or terminate the governor's emergency order within 30 days.

See also

• Sources of state emergency power authority, 2020
• Ballotpedia: Political responses to the coronavirus (COVID-19) pandemic, 2020
• Changes to election dates, procedures, and administration in response to the coronavirus (COVID-19) pandemic, 2020
• Government official, politician, and candidate deaths, diagnoses, and quarantines due to the coronavirus (COVID-19) pandemic, 2020-2021
• Changes to ballot measure campaigns, procedures, and policies in response to the coronavirus (COVID-19) pandemic, 2020-2022
• Federal Politics
• State Politics
• Local Politics

Footnotes

v • e Political responses to the coronavirus pandemic, 2020-2021 Overviews Overview • Changes to election dates and procedures • Ballotpedia's polling on the coronavirus pandemic • Resources for citizens • Terms and definitions Articles by Type Federal policy responses • State government responses • Local government responses • Diagnosed or quarantined incumbents, candidates, and officials • State legislative session changes • State legislative responses • State executive orders • Eviction and foreclosure policies • Travel restrictions • School responses (2021-2022) • School responses (2020-2021) • School responses (2019-2020) • State court closures • Stay-at-home order status • States that issued stay-at-home orders • States that did not issue stay-at-home orders • Changes to ballot measure campaigns and policies • Changes to vote-by-mail and absentee voting procedures • Initial key federal official responses • Arguments in support of and opposition to government responses • Lawsuits • Multistate agreements • Non-governmental plans to reopen • Unemployment filings • Analysis articles • Paycheck Protection Program • Mask requirements • School budget changes • State budgets • Federal definitions of essential and nonessential businesses • Federal aid to states • Lost Wages Assistance (LWA) program • State emergency power authority • Changes to state emergency power authority • Municipal emergency power authority • Halloween guidelines • Vaccine distribution plans • State plans to end federal unemployment • Changes to emergency power laws • Active COVID-19 emergency orders • State vaccine requirement (vaccine passport) policies • Recalls related to the pandemic • Centers for Disease Control and Prevention (CDC) guidance on school responses to the coronavirus • State employee vaccine requirements • Healthcare worker vaccine requirements State responses to coronavirus Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming State paths to recovery Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming State school responses Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming Coronavirus debate topics Elections • Protests • Religious service restrictions • School closures • State lockdown Coronavirus debate by state Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming