HOUSE DOCKET, NO. 3270        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 478

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Daniel R. Carey

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the governor’s power to declare an emergency.

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PETITION OF:

 

Name:

District/Address:

Date Added:

Daniel R. Carey

2nd Hampshire

2/18/2021

Kelly W. Pease

4th Hampden

2/25/2021

Natalie M. Blais

1st Franklin

2/26/2021

Patrick Joseph Kearney

4th Plymouth

2/26/2021

Mindy Domb

3rd Hampshire

4/20/2021


HOUSE DOCKET, NO. 3270        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 478

By Mr. Carey of Easthampton, a petition (accompanied by bill, House, No. 478) of Daniel R. Carey and others relative to the power of the Governor to declare an emergency.  Covid-19 and Emergency Preparedness and Management.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

An Act relative to the governor’s power to declare an emergency.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 17 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 2A and inserting in place thereof the following section:-

Section 2A. Upon declaration by the governor that an emergency exists, which is detrimental to the public health, the commissioner may for a period of 90 days, with the approval of the governor and the public health council, during such period of emergency, take such action and incur such liabilities as the commissioner may deem necessary to assure the maintenance of public health and the prevention of disease. Such 90-day period may be extended by joint resolution of the general court until such time as the governor declares that such emergency has terminated.

The commissioner, with the approval of the public health council, may establish procedures to be followed during such emergency to insure the continuation of essential public health services and the enforcement of the same.

Upon declaration by the governor that such emergency has terminated, all powers granted to and exercised by the commissioner under this section shall terminate.

SECTION 2. Section 22 of chapter 659 of the acts of 1950 is hereby amended by striking out section 22 and inserting in place thereof the following section:-

SECTION 22. Any declaration of a state of emergency pursuant to this act or any part hereof shall expire after 90 days unless extended by a joint resolution of the house of representatives and the senate acting concurrently. This act or any part hereof may become inoperative by the adoption of a joint resolution to that effect by the house and senate acting concurrently at any time.