Budget Amendment ID: FY2022-S3-119

OTH 119

Duration of a Proclaimed State of Emergency

Ms. DiZoglio moved that the proposed new text be amended by inserting after section 63 the following sections:-

SECTION XX. 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 XXX. 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.