SENATE DOCKET, NO. 2335        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 249

The Commonwealth of Massachusetts

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PRESENTED BY:

Diana DiZoglio

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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 duration of a proclaimed state of emergency.

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PETITION OF:

SENATE DOCKET, NO. 2335        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 249

The Commonwealth of Massachusetts

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

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An Act relative to the duration of a proclaimed state of 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 639 of the Acts of 1950 is hereby amended by striking out Section 22 thereof, and inserting in place thereof the following section:-

§ 22. Expiration and Inoperativeness.

After 60 days, the state of emergency shall expire, unless a request by the governor for an extension of the state of emergency for a specific number of days, not to exceed 60 days, is approved by resolution of both houses of the legislature within such time period. The resolution of both houses of the legislature may approve less than the number of days requested by the governor. The governor may request additional extensions in the same manner. Although a declaration of a state of emergency by the governor cannot prohibit the legislature from convening, if the president of the senate and the speaker of the house determine that they cannot convene both houses of the legislature during the state of emergency, then the state of emergency shall be automatically extended for 30 days. Upon expiration of the state of emergency, the governor shall issue an executive order or proclamation declaring the state of emergency terminated. At any time, a proclamation of a state of emergency by the governor under this act or any part thereof shall become inoperative by the adoption of a joint resolution to that effect by the house and senate acting concurrently.

SECTION 2. Chapter 17 of the General Laws is hereby amended by striking out the last sentence of Section 2A thereof, and inserting in place thereof the following:-

After 60 days, the declaration of emergency shall expire, unless a request by the governor for an extension of the declaration of emergency for a specific number of days, not to exceed 60 days, is approved by resolution of both houses of the legislature within such time period. The resolution of both houses of the legislature may approve less than the number of days requested by the governor. The governor may request additional extensions in the same manner. Although a declaration of emergency by the governor cannot prohibit the legislature from convening, if the president of the senate and the speaker of the house determine that they cannot convene both houses of the legislature during the state of emergency, then the declaration of emergency shall be automatically extended for 30 days. Upon expiration of the declaration of emergency, the governor shall issue an executive order or proclamation declaring the declaration of emergency terminated. Upon declaration by the governor that such emergency has terminated, all powers granted to and exercised by the commissioner under this section shall terminate.